Woman non-suits Dillard's nine days after filing trip & fall

David Yates Jan. 9, 2012, 7:11am


Nine days after filing suit, Mattie Welch, who tripped over a clothing rack while shopping at Dillard's, non-suited the clothing retailer.

On Aug. 1 Welch filed a suit against Dillard's Department Stores in Jefferson County District Court, alleging the clothing retailer should have inspected its premises and warned shoppers of possible dangerous conditions.

Nine days later, Welch filed a notice of non-suit without prejudice on Aug. 10, stating that she "is going to attempt to resolve this matter" outside of court.

As of Jan. 4, no other filings in the case are on record.

Court records show that on Oct. 22, 2009, Welch was walking through the Central Mall Dillard's in Port Arthur when she "tripped over the bottom stand of a clothing rack and fell.

In her suit, Welch argues the clothing rack "posed an unreasonable risk of harm."

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

Beaumont attorney Brian Sutton of Sutton and Jacobs represented her.

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

Case No. B190-612

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