Pei Wei Asian Diner asserts there is no evidence to support litigation brought by Pamelia East, who allegedly slipped in a puddle of water near the soda dispenser at the Pei Wei in Beaumont.
Last February, East filed suit against the restaurant in Jefferson County District Court, claiming Pei Wei should have roped off the area and warned patrons of the hazard.
Court records show that on Aug. 27 Pei Wei filed a motion for summary judgment, asserting that, despite the extensive discovery conducted, East “has been unable to establish evidence necessary to support her asserted premises liability claim.”
“Specifically, plaintiff has no evidence the alleged premises defect was present for a sufficient period of time to allow this defendant actual or constructive knowledge of the allegedly dangerous condition,” the motion states.
A hearing on the matter has been slated for Sept. 28, court papers say.
The lawsuit alleges that East was dinning at the Pei Wei on Dowlen Road on a rainy day “when she slipped and fell in a large puddle of water near the soda dispenser.”
“The puddle of water was large and had been on the floor for a long period of time because there were signs that other customers had walked through the puddle,” the suit states.
“There was significant rainfall that day. Defendant knew that when it rained, there was a leak in the roof and rain water fell onto the floor.”
East alleges Pei Wei negligently failed to “rope off the area that was wet” and warn customers “of the dangerous condition on the floor.”
She is suing the company for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.
Beaumont attorney Thomas Moses represents her.
Pei Wei is represented by Houston attorney Roger Oppenheim of the Lorance & Thompson law firm.
Judge Gary Sanderson, 6oth District Court, is assigned to the case.
Case No. B189-323