David Yates Oct. 4, 2013, 2:37pm

Discovery is now in full swing in litigation brought by Cynthia Smith, who sued Beall’s alleging the department store failed to warn her son about the sunflower seeds on the floor.

As previously reported, Smith, individually and acting as next of friend for Eric Hebert, filed the suit on Feb. 28 in Jefferson County District Court.

Court records show Smith responded to Beall’s first set of interrogatories and request for production on Sept. 11.

According to the lawsuit, on Dec. 21, 2012, Smith and her son were at Beall’s in Port Arthur when Hebert slipped on sunflower seeds spilled on the floor.

Hebert required surgery for a fractured hip, the suit states.

The suit accuses the defendant of negligently failing to furnish a safe place to walk, failing to warn of the dangerous condition and failing to inspect and maintain the premises.

Smith is seeking damages for Hebert’s past and future medical expenses, pain, mental anguish, impairment and disfigurement.

The plaintiffs are also suing for special damages and court costs.

Attorney Douglas Sikes of the Provost Umphrey Law Firm in Beaumont represents them.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D194-042

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