Fisco Convenience Store seeks evidence of plaintiff's 'ever-changing allegations'

David Yates Dec. 1, 2010, 7:13am


Seeking evidence of plaintiff Linda Roy Guillory's "ever-changing allegations," Fisco Convenience Store recently filed a motion to compel discovery responses and overrule objections.

Guillory, a Port Arthur resident, filed suit March 30 in Jefferson County District Court against Shalimar Enterprise (Fisco Convenience Store) and Skylar Thompson, claiming she incurred medical costs after falling on uneven pavement at the convenience store.

Last month, Guillory filed a request for a protective order to avoid responding to Fisco's discovery requests, claiming that she could not respond because of the expense, court records show.

In response, Fisco filed its motion to compel discovery on Nov. 23.

"Defendant has attempted to obtain evidence to support plaintiff's ever-changing allegations only to be stymied by inadequate and unanswered discovery responses," Fisco's motion states.

"Plaintiff's motion to protect her from answering admissions because of 'expense or burden' is just the latest tactic to prevent defendant from obtaining proper discovery in an attempt to extract a settlement for a problematic case."

Fisco is asking Judge Donald Floyd, 172nd District Court, to deny Guillory protection and force her to respond to its discovery inquires.

Court papers show Guillory entered the Fisco Convenience Store, owned by Thompson, with the intent to purchase gasoline.

"During the time that Linda Roy Guillory was upon Defendants' property, Linda Roy Gillory was seriously injured as a result of a dangerous condition in that defendant has failed to maintain the condition of its parking lot and area immediately in proximity to fuel pumps," the suit states.

"There are many hazardous changes of elevation due to missing or broken sections of the parking lot pavement."

Because of her fall, Guillory claims she experienced physical pain, suffering, mental anguish, physical impairment and disfigurement; fears a future disease; and incurred medical montioring costs, the complaint says.

Langston Scott Adams of Port Arthur represents her.

Fisco is represented by Houston attorney Scot Doyen.

Case No. E186-425

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