Final judgment reached in trip & fall alleging restaurant ramp not properly color-coded

David Yates May 17, 2012, 4:33pm

Last June, Shirley Durmon filed a trip-and-fall lawsuit against Monterey House, claiming the Mexican restaurant failed to properly color-code its access ramp.

Seven months later, the parties reached a compromise and settled the suit, court records show.

Judge Donald Floyd, 172nd District Court, signed off on a final judgment Feb. 13, acknowledging that the plaintiff had released her claims against the defendant and ordered that Durmon take nothing from Monterey.

The lawsuit alleges that on Nov. 5, 2010, Durmon was at the Monterey House on 11th Street in Beaumont when she tripped over a ramp outside the restaurant.

She alleged the defendant failed to follow city guidelines and properly color-code the ramp to increase its visibility.

"The defendant failed to paint the ramp in the proper, color-coded manner in volition of the building code of the city of Beaumont," the suit states.

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

Beaumont attorney Curtis Leister of Reaud, Morgan & Quinn represented her.

Beaumont attorney James Harris Jr. of Harris, Duesler & Hatfield represented Monterey.

Case No. E190-430

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