Discovery certificate filed in art museum trip-and-fall case

David Yates Nov. 9, 2010, 5:57am

Discovery is well underway in a trip-and-fall lawsuit filed against the Art Museum of Southeast Texas.

As the Southeast Texas Record previously reported, Buna resident Mary Petty sued the museum on May 28, claiming she tripped on a raised cement lip leading to the facility's entrance.

On Oct. 26 the museum filed a certificate of written discovery stating that two documents had been served.

The documents include defendant's objections and answers to plaintiff's interrogatories and defendant's objections and responses to plaintiff's first request for production, according to the certificate.

In her suit, Petty says she was attending a function at the museum to view an art collection.

"As she walked up the walkway leading into the Art Museum, there was a raised cement lip which was uneven, and caught her foot, causing her to fall forward, mostly landing on her knees," the suit states.

Petty claims the museum negligently failed to properly inspect and maintain its flooring area and provide adequate and understandable warnings to her about the dangerous condition of the floor.

She is suing for her alleged mental anguish, pain, impairment, lost wages and medical expenses.

Brett S. Thomas of Roebuck, Thomas, Roebuck and Adams in Beaumont represents her.

The museum is represented by Orgain Bell & Tucker attorney David Fisher of Silsbee.

Judge Donald Floyd, 172nd District Court, presiding.

Jefferson County District Court case number: E186-964

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