Michelle Keahey, East Texas Bureau Jan. 11, 2013, 1:11pm

TYLER - A Mineola man has filed a lawsuit against a Tyler company claiming that they failed to properly mark and paint the curb, which caused him to trip and fall.

John Lambert filed suit against Southern RV Inc. on Jan. 7 in the Eastern District of Texas, Tyler Division.

The incident occurred on Aug. 4, 2011, as Lambert was at Southern RV located in Tyler. As he was leaving the location, Lambert tripped and fell over a curb step that was allegedly difficult to see, according to the suit.

The defendant is accused premises liability and negligence for failing to properly design or mark the walkway surface of the parking lot, failing to properly warn its invitees, failing to provide a premises free of hazards, failing to properly inspect and evaluate the design and marking of the curb and walkway, failing to correct the dangerous condition, and for failing to ensure that the parking lot walkways comply with the Americans with Disabilities Act and the Texas Accessibility Standards.

The plaintiff is seeking an award of damages for medical expenses, physical disability, pain and suffering, mental anguish, lost wages, loss of earnings, disfigurement, interest, and court costs.

Lambert is represented by Matthew B. Flanery and Darren Grant of Grant & Flanery P.C. in Tyler.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:13-cv-00034

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