Slip & fall against Wal-Mart, McDonald’s called to trial

David Yates Nov. 20, 2012, 11:16am

Litigation brought by Tonya Gilbert, who sued Wal-Mart Stores and McDonald’s after slipping in a freshly mopped area, has been called to trial. 

Tonya and her husband Robert Gilbert filed their suit July 21, 2011, in Jefferson County District Court.

Court records show that the case was set to go to trial in September. However, on July 20 the parties filed an agreed motion for continuance, needing more time to complete discovery.

Judge Bob Wortham, 58th District Court, granted the motion on July 30, moving the case to the court’s December docket, court records show.

On Nov. 9, a call of trial notice was filed in the case, stating that the trial would take place on Dec. 17.

The lawsuit states that on March 17, 2011, Tonya Gilbert was shopping at the Beaumont Wal-Mart on Dowlen Road. She went to the McDonald’s located inside the store to get a soft drink when she slipped on a freshly mopped floor.

Tonya alleges the defendants negligently failed to post warning signs.

She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Her husband is suing for loss of consortium.

Beaumont attorney Brett Thomas of Roebuck, Thomas, Roebuck & Adams represents them.

Wal-Mart is represented by Beaumont attorney Karen Spivey of Pate & Spivey.

Case No. A190-545

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