Take-nothing judgment entered in slip & fall suit against McDonalds

David Yates Apr. 12, 2013, 3:29pm

An agreed take-nothing judgment has been entered in Debra Harvey’s slip and fall lawsuit against McDonalds. 

As previously reported, the Beaumont resident filed suit against R.E.E. Inc., doing business as McDonalds, on Sept. 16, 2011, in Jefferson County District Court. The petition also named McDonalds manager Aaron Adams as a defendant.

The judgment was entered on Dec. 6 and states that the parties announced to the court that they had reached a settlement, court papers say.

Previously, on Oct. 13, 2011, McDonalds and Adams filed a special exceptions to Harvey’s original petition, asking the court to force her to plead the maximum dollar amount of damages she seeks.

“This vague pleading fails to appropriately inform defendants as to the maximum amount of damages that will be sought by the plaintiff,” the suit states, adding that the suit should be dismissed if she fails to abide by the requested ruling.

According to the lawsuit, Harvey says she entered the McDonalds, located at 190 IH-10 North in Beaumont, and fell “as she entered the facility, due to water on the floor.”

“No wet floor signs were present at the time of plaintiff’s painful fall,” the suit states, adding that the defendants owed Harvey a duty to safeguard her against the hazard.

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

Beaumont attorney Jonathan Juhan represents her.

Houston attorney Willie Ben Daw III represents the defendants.

Judge Gary Sanderson, 6oth District Court, presided over the case.

Case No. B190-927

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