McDonalds wants plaintiff to state maximum damage amount in slip & fall suit

David Yates Nov. 29, 2011, 4:00am


An area McDonalds is requesting that a local judge force plaintiff Debra Harvey to amend her original petition and put a maximum dollar amount of the damages she is seeking on her slip and fall lawsuit.

As previously reported, the Beaumont resident filed suit against R.E.E. Inc., doing business as McDonalds, on Sept. 16 in Jefferson County District Court. The petition also names McDonalds manager Aaron Adams as a defendant.

On Oct. 13 McDonalds and Adams filed a special exceptions to Harvey's original petition, asking the court to force her to plead the maximum dollar amount of damages she seeks.

"This vague pleading fails to appropriately inform defendants as to the maximum amount of damages that will be sought by the plaintiff," the suit states, adding that the suit should be dismissed if she fails to abide by the requested ruling.

According to the lawsuit, Harvey says she entered the McDonalds, located at 190 IH-10 North in Beaumont, and fell "as she entered the facility, due to water on the floor."

"No wet floor signs were present at the time of plaintiff's painful fall," the suit states, adding that the defendants owed Harvey a duty to safeguard her against the hazard.

The plaintiff is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Jonathan Juhan represents her.

Houston attorney Willie Ben Daw III represents the defendants.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B190-927

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