May dismissal hearing set in suit over woman's stumble in construction area

David Yates May 11, 2011, 5:49am

Later his month, a construction company will argue that a trip-and-fall lawsuit brought against it last October should be dismissed for lack of jurisdiction.

As previously reported, Holiday Inn employee Carol Gonzales filed suit against Insurance Services Construction on Oct. 20 in Jefferson County District Court, alleging the company negligently failed to securely fasten a floor covering while performing work at the hotel.

ISC Services was later added as a defendant, court papers say.

On March 18 ICS filed a motion for special appearance, arguing that the company does little business in Texas and that the court lacks the jurisdiction to preside over the litigation.

In its motion, ICS asks the court to dismiss the case for lack of jurisdiction.

A notice of hearing, filed April 8, schedules a hearing on the matter for May 24.

Court records show that on Oct. 23, 2008, Gonzales was working at the Holiday Inn on Walden Road when she tripped over a loose floor covering placed in the area where ISC was contracted to perform repair work.

She accuses the defendant of failing to tape down the covering and of creating an unreasonable risk of harm.

Gonzales is suing for her past and future mental anguish, pain, medical expenses and lost wages, plus exemplary damages.

Beaumont attorney Gilbert T. Adams represents her.

ICS is represented by attorney James Henges of the Beaumont law firm Germer Gertz.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A188-650

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