More time needed to take depositions in suit over playground injury

David Yates Jun. 10, 2013, 6:11pm

With a trial date looming in a couple of months, the parties believe more time is needed to take depositions in litigation brought over a playground injury.

As previously reported, Cheryl Hoffman, on behalf of her 3-year-old daughter, filed suit against Agape Land Learning Tree on June 4, 2012, in Jefferson County District Court, alleging the center should have stopped her child from climbing a rope ladder and fracturing her arm.

Court records show that on May 9 the plaintiff filed an unopposed motion for continuance, asserting that depositions still need to be taken before the case goes to trial in August. 

The motion further states the plaintiff’s counsel also believes the parties can resolve the matter amicably through settlement.

The petition alleges that on Sept. 15, 2011, the child was climbing a rope ladder at the center’s playground when she fell and fractured her left arm.

The suit alleges Agape negligently allowed the minor plaintiff to play on equipment dangerous for her age and failed to properly supervise her.

Hoffman is seeking to recover damages for he child’s past and future medical expenses, mental anguish and physical pain.

Beaumont attorney Barry Bennett represents Hoffman.

Attorney David Oubre of the Houston law firm Lewis Brisbois Bisgaard & Smith represents the defendant.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-530

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