McDonald's wants dollar amount put on slip & fall lawsuit

David Yates Mar. 26, 2012, 8:56am


McDonald's wants Tonya Gilbert -- who sued the fast food giant and Wal-Mart Stores after slipping in a freshly mopped area -- to put a dollar amount on her lawsuit.

Tonya and her husband Robert Gilbert filed their suit July 21 in Jefferson County District Court.

Court records show that on Jan. 27 R.E.E. Inc., doing business as McDonald's, filed its special exceptions to the plaintiff's original petition, stating that the suit fails to plead the maximum amount of actual damages they will be seeking.

McDonald's also asserts that petition fails to list the specific acts of gross negligence allegedly committed by the company.

The lawsuit states that on March 17, 2011, Tonya Gilbert was shopping at the Beaumont Wal-Mart on Dowlen Road. She went to the McDonald's located inside the store to get a soft drink when she slipped on a freshly mopped floor.

Tonya alleges the defendants negligently failed to post warning signs.

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

Her husband is suing for loss of consortium.

Beaumont attorney Brett Thomas of Roebuck, Thomas, Roebuck & Adams represents them.

McDonald's is represented by Houston attorney Willie Daw III.

Wal-Mart is represented by Beaumont attorney Karen Spivey of Pate & Spivey.

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

Case No. A190-545

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