David Yates Oct. 11, 2012, 4:56pm

Discovery is proceeding in litigation brought over a playground injury. 

As previously reported, Cheryl Hoffman, on behalf of her 3-year-old daughter, filed suit against Agape Land Learning Tree on June 4 in Jefferson County District Court, alleging the center should have stopped her child from climbing a rope ladder and fracturing her arm.

Court records show that on Sept. 7 a certificate of discovery was filed in the case stating that the following had been forwarded to the defendants:

  • Plaintiff’s objections and answers to defendant’s interrogatories; and

  • Plaintiff’s objections and responses to defendant’s request for production.

The petition alleges that on Sept. 15, 2011, the child was climbing a rope ladder at the center’s playground when she fell and fractured her left arm.

The suit alleges Agape negligently allowed the minor plaintiff to play on equipment dangerous for her age and failed to properly supervise her.

Hoffman is seeking to recover damages for he child’s past and future medical expenses, mental anguish and physical pain.

Beaumont attorney Barry Bennett represents Hoffman.

Attorney David Oubre of the Houston law firm Lewis Brisbois Bisgaard & Smith represents the defendant.

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

Case No. A192-530

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