Home health nurse sues over injury at patient's residence

John Suayan, Galveston Bureau Jul. 31, 2012, 5:15am


GALVESTON - A Texas City home health nurse has filed suit against a patient after she injured herself at his residence.

Lavelma Taylor claims in a lawsuit filed July 24 in Galveston County District Court that she hurt her right ankle as she rode the elevator at Jimmie S. Barton's Hitchcock home earlier this year.

Barton hired Taylor last year to care for him and his now deceased wife.

The plaintiff continued to work for the defendant even after his spouse's December 2011 passing.

According to the original petition, the parties rode the aforementioned elevator together on Jan. 24 when it suddenly and without warning fell to the foundation of the house from the second level.

Taylor claims she sustained "severe, devastating and disabling" injuries when her right ankle was "shattered," stating she has undergone multiple surgical procedures followed by rehabilitation and therapy.

"To date, she has not recovered and is not expected to ever fully recover," the suit says.

Court papers fault Barton for failing to properly inspect and maintain the elevator and its components as well as failing to keep them in proper working order.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

She is represented by attorney Richard T. Fass with Perdue Kidd & Vickery in Houston.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 12-cv-1685

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