Agreed take nothing judgment entered in slippery shower suit

David Yates Jun. 14, 2011, 3:00am

An agreed final "take nothing" judgment has been entered in a suit against Courtyard Marriott and mananger John Hernandez.

As previously reported, Theresa and Ellis Summerlin filed suit against the popular hotel chain, alleging Theresa slipped in a shower because the hotel failed to provide a non-stick surface on its floor.

On June 7 Judge Donald Floyd, 172nd District Court, signed the take nothing judgment, dismissing the plaintiffs' claims with prejudice.

The Summerlins filed the request for the judgment on May 12, agreeing to release all their claims against the defendants, court papers say.

Court records show that the couple spent the night at the Courtyard Marriott Brownsville in room 317 on June 17, 2007.

While taking a shower, Theresa Summerlin claims she slipped and fell, striking the floor and landing on her back.

The suit alleged Courtyard Marriott Brownsville and its manager negligently failed to discover the dangerous condition, failed to apply non-slip decals and failed to warn the Summerlins of the dangerous condition.

The Summerlins were suing for punitive damages.

They were represented by Brandon P. Monk of The Monk Law Firm in Port Arthur.

Attorney Ross Holiday Jones represented the defendants.

Case No. E184-321

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