Parkdale Mall amends answer, asserts plaintiff at fault for trip & fall
Parkdale Mall recently amended its answer to a personal injury lawsuit, asserting it was plaintiff Bulinda Mathis' own negligence that caused her to trip and fall over a door jam while shopping.
As previously reported, the suit was filed June 23, 2011, in Jefferson County District Court.
Court records show that on May 11, CBL & Associates (doing business as Parkdale Mall) filed its second amended answer, asserting a defense of contributory negligence.
"Defendant denies that plaintiff's alleged injuries ... were caused by the negligent acts of defendant," the answer states. "To the contrary, defendant asserts plaintiff was guilty of ... negligence ... (which was) the sole cause of any injuries."
The lawsuit alleges that on Nov. 11, 2009, Mathis was entering Parkdale Mall in Beaumont when she "tripped on a piece of metal that was sticking up from the door jam, causing her to fall to the floor."
Mathis alleges Parkdale negligently failed to inspect and maintain its premises and warn shoppers of the existence of the door jam.
She is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney Ryan White of Loncar & Associates represents her.
Attorney Mark Lambert of the Beaumont law firm Benckenstein, Norvell & Nathan represents Parkdale.
Judge Bob Wortham, 58th District Court, is assigned to the case.
Case No. A190-399