Discovery still proceeding in trip & fall

David Yates Oct. 20, 2011, 9:43am

Even with a winter trial date looming, discovery is still in full swing in a trip-and-fall lawsuit.

As previously reported, Holiday Inn employee Carol Gonzales filed suit against Insurance Services Construction on Oct. 20, 2010, in Jefferson County District Court, alleging the company negligently failed to securely fasten a floor covering while performing work at the hotel.

International Catastrophe Solutions was later added as a defendant, court papers say.

On Oct. 4, ICS served Gonzales with its first amended notice of deposition with suponea Duces Tecum.

Court records show that 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.

On June 22 Gonzales filed her motion, asking that the case be continued "for a couple of months based on the fact that ICS has still not" officially answered the suit, the motion states.

A hearing on the matter was held Aug. 22. Judge Bob Wortham, 58th District Court, decided to take no action on the motion.

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.

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.

Case No. A188-650

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