December trial slated for slip & fall against La Morenita Meat Market

David Yates May 18, 2011, 4:24am

Last October, the Southeast Texas Record reported that the mother of a minor boy has filed suit against a Port Arthur meat market, alleging the boy slipped in a puddle of water while at the store.

In her lawsuit, filed in Jefferson County District Court, Maria Moreno claims she and her minor son, Bryan Moreno, were shopping at defendant La Morenita Meat Market on July 22, 2009, he fell.

On April 25 a docket control plan order was filed in the case, placing the case on the December trial docket if the parties fail to mediate the matter on or before Nov. 14, court records show.

The suit alleges La Morenita Meat Market negligently breached its duty of ordinary care by eliminating a risk it knew to be potentially hazardous.

"There was water leaking from the food preparation area into the customer area and Plaintiff, Bryan Moreno, slipped and fell on the floor resulting in the injuries and damages complained of herein," the suit states.

Because of the accident, Bryan Moreno experienced physical pain, suffering, mental anguish and physical impairment and incurred medical costs, the complaint says.

Maria Moreno claims she has incurred medical costs and lost the services of her son.

Tom Oxford of Waldman Smallwood in Beaumont represents her.

Houston attorney James Davis of Ellington & Associates represents the La Morenita Meat Market.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A188-568

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