Take-nothing judgment filed in suit alleging 'unsecured' rug caused fall

David Yates Jun. 22, 2012, 5:00am

A take-nothing judgment has been filed in a litigation brought by plaintiff Dovie Stokes, who entered a Texaco Food Mart in Vidor and tripped on an "unsecured" rug.

Last April, Stokes filed a suit against the convenience store owner, Russell Rand, in Jefferson County District Court, alleging the defendant should have known it was dangerous to place a rug in the walkway.

Court records show that on May 22 a final take-nothing judgment was filed in the case, stating the parties have agreed that Stokes take nothing from the defendant.

The suit alleges that on April 11, 2009, Stokes went to Texaco Food Mart for the purpose to shop.

"While upon defendant's premises, plaintiff suffered serious bodily injuries as a direct result of tripping on an unsecured rug at the threshold of the doorway," the suit states, adding that the defendant should have known of the danger and remedied the hazard.

Rand allegedly failed to warn customers of the danger, the suit states.

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

Beaumont attorney Adam Terrell of Weller, Green, Toups & Terrell represents him.

Houston attorney Amanda Hilty represents the defendant.

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

Case No. A189-753

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