August trial slated in slip & fall against Wal-Mart

David Yates Jan. 20, 2012, 3:55am

Even though she saw an employee mopping, Eva Mock filed a slip-and-fall lawsuit against Wal-Mart Stores in June for falling to warn her that the floor was wet.

Following six months of litigation, a discovery control plan order was entered in the suit on Jan. 10, slating the case for an August trial.

The order also calls for all discovery to be completed by July 9, court records show.

Mock, a Guadalupe County resident, filed her suit June 2 in Jefferson County District Court.

The original petition alleges that on June 20, 2009, Mock was shopping at the Beaumont Wal-Mart on Dowlen Road when she slipped and fell.

"An employee of defendant was in the process of mopping the floor in the center of an open aisle, but failed to put a 'wet floor' warning sign in the area," the suit states.

"Plaintiff was not aware of the wet floor and thought the employee was mopping up a spill. Plaintiff did slow the pace of her walking but had no idea the floor in front of her was wet as she passed to the right of the employee."

Mock says she slipped as she passed and landed on her right knee.

She alleges the Wal-Mart employee negligently failed to warn her that floor was slick and that a wet floor sign should have been placed in the area.

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

Provost Umphrey attorney Larry Hunter represents her.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-199

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