David Yates Oct. 11, 2012, 5:05pm

West End Little League has answered a suit brought Alice Day, who tripped on her way to the concession stand, asserting that she failed to exercise ordinary care. 

As previously reported, on June 13 Day filed suit against West End Little League in Jefferson County Court, alleging the defendant should have barricaded the elevated path that caused her to trip.

Court records show that on Aug. 3 West End Little League answered the suit, asserting a general denial and maintaining that Day “did not exercise the care that an ordinary person in the same or similar circumstances would have exercised.”

The lawsuit alleges that on June 29, 2011, Day was viewing a ball game at West End Little League’s premises. While making her way to the concession stand, she tripped over a “poorly marked elevated walking area.”

Day claims West End Little League negligently failed to provide warning signs and barriers and maintain its premises.

She allegedly fractured her right humerus in the fall and is suing for her past and future medical expenses, mental anguish and impairment, plus all court costs.

Beaumont attorney Trenton Bond represents her.

Houston attorney Kevin Shaw of Handlin & Associates represents West End Little League.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B192-562

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