While hanging out in the smoking area at Longview Medical Center, Shirley Jewkes, an Upshur County resident, tripped and fell.

On April 24, more than a year after the incident, Jewkes filed suit against Longview in the Marshall Division of the Eastern District of Texas, citing premises liability.

Seven months later, the case was dismissed with prejudice.

Court records show that on Oct. 15 the parties filed a joint motion to dismiss, stating the matter in controversy had been settled.

A week later, U.S. Magistrate Judge Roy Payne dismissed the case.

Court records further show a month prior to the motion and order, the parties had entered into mediation.

Jewkes had alleged that on Nov. 7, 2012, she escorted her husband Kent, now deceased, to LMC’s Outpatient Radiology Department on. When they visited the smoking area, Shirley Jewkes was caused to trip and fall by uneven stones in the patio.

In her suit, Jewkes claims she broke her wrist and injured her shoulder, accusing Longview of negligence and failing to rectify a safety hazard.

She sought more than $75,000 in damages.

Attorneys N. Eric Cooper of The Cooper Law Firm and J. Kevin Carey of Carey Law Firm PLLC represented her.

Eastern District Court of Texas Case No. 2:14-cv-00527

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