Wal-Mart, McDonald’s seek another continuance in slip & fall suit

David Yates Dec. 12, 2012, 3:48pm

With a trial slated this month, Wal-Mart Stores and McDonald’s are seeking another continuance in litigation brought by Tonya Gilbert, who sued after slipping in a freshly mopped area. 

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.

However, on Dec. 3 the defendants filed an amended motion for continuance, needing the extra time to complete an independent medical examination and complete more discovery before the trial.

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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