H-E-B fights for summary judgment in slip & fall

David Yates Jul. 20, 2013, 3:40pm

A major grocery chain is asserting it had no constructive knowledge of water on the floor in a slip-and-fall suit against the company.

As previously reported, Dallas County resident Jo El Sullivan filed a lawsuit against the Port Arthur H-E-B on Feb. 29, 2012, in Jefferson County District Court.

Court records show that the defendant filed its motion for summary judgment on June 25, asserting that enough time has passed for discovery and there is no evidence supporting the plaintiff’s claims. 

“In this case, plaintiff has no evidence indicating how long water had been on the floor,” the suit states, adding that the motion should be granted.

According to the lawsuit, on Sept. 3, 2011, Sullivan was injured while visiting the grocery store when he slipped in a puddle of water.

The suit does not state the nature of Sullivan’s alleged injuries.

H-E-B is faulted for negligently failing to maintain its premises, according to the complaint.

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

Attorney Matthew Matheny of the Provost Umphrey law firm represents him.

Beaumont attorney M.C. Carrington of the Mehaffy Webber law firm represents the defendant.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E192-035

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