One defendant dismissed in case over fall in parking lot

John Suayan, Galveston Bureau Dec. 3, 2011, 9:44am


GALVESTON - One of the three defendants in a Huntsville woman's personal injury lawsuit stemming from a fall in a Dickinson parking lot has been dismissed from the case.

Galveston County 122nd District Court Judge John Ellisor issued an order Nov. 17 granting Rita Ghirardi's motion to non-suit defendant Stage Stores Inc.

Ghirardi originally sued Dixie Partners II LP and Big D Properties Inc. last December.

According to the original complaint, on May 13, 2009, Chirardi was injured when she fell in a store parking lot.

She alleges "the defect in the parking lot pavement constituted a dangerous condition."

Ghirardi revised the complaint on Feb. 15 to include Stage Stores, which subsequently issued a formal response on March 14.

Stage Stores counters that it "does not do business at the location in question," insisting Specialty Retailers Inc. is the correct defendant.

According to Ghirardi's motion, she "no longer desires to prosecute her claims against Stage Stores, Inc.," leaving just Big D and Dixie as defendants.

Attorney Bennie D. Rush of Huntsville represented Stage Stores.

Case No. 10-cv-4347

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