A local judge has denied Sutherland Lumber & Home Center’s motion for summary judgment in litigation brought by Taffy Cravy, who filed a trip and fall lawsuit against the company.
As previously reported, the suit was filed Jan. 8 in Jefferson County District Court.
Court records show that on Sept. 10 Sutherland Lumber filed a motion for summary judgment, asserting that the evidence conclusively establishes that the company did not have actual or constructive notice of the alleged dangerous condition.
On Nov. 20, Judge Gary Sanderson, 6oth District Court, denied the motion, court records show.
According to the lawsuit, on Oct. 2, 2011, Cravy was shopping at the Sutherlands in Beaumont when she tripped and fell over loose stripping, injuring her head, back, elbow and knee.
The suit says the loose stripping posed a risk to shoppers and accuses Sutherland Lumber of failing to take steps to eliminate the risk to shoppers.
Sutherland Lumber is asking the case be dismissed.
Cravy is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and lost wages.
Attorney Tom Oxford of the Beaumont law firm Waldman Smallwood represents her.
Beaumont attorney Karen Bennett of Germer PLLC represents Sutherland Lumber.
Case No. B193-807