SE Texas Record

Friday, December 6, 2019

Fall through attic lands homeowner in court

By Marilyn Tennissen | Aug 13, 2007

Brian Sutton

After being asked by her employer to retrieve an item from her employer's attic, Shirley Poullard says she fell through the ceiling and was left with serious injuries.

Poullard filed a personal injury lawsuit against her employer James Scott Holiday in Jefferson County District Court on Aug. 9.

On Aug. 11, 2005, Poullard was in the services of Holiday at his home on Manion Drive in Beaumont and was asked by Holiday to remove an object from the attic.

"Plaintiff was on defendant's premises when she fell through defendant's attic, which was in a defective and unreasonably dangerous condition," the plaintiff's original petition states.

Poullard claims she suffered serious bodily injuries as a direct result of falling the attic, including "severe injury to both her left and right heel."

The plaintiff alleges that the incident was due to Holiday's negligence for allowing the premises to be left in an unreasonably dangerous condition, failing to correct the dangerous condition, failing to warn, protect and safeguard the plaintiff from the dangerous condition.

"At the time of plaintiff's fall, defendant knew that the dangerous condition existed, or in the exercise of ordinary care, should have known it existed," the petition states.

As a result of the defendant's negligence, Poullard says she has suffered serious and disabling injuries, physical impairment, disfigurement, physical and mental pain, suffering and anguish.
She Is also seeking to recover costs of past and future medical expenses and for loss of earning capacity and other relief to which she may be entitled.
Brian Sutton of the Sutton & Jacobs LLP in Beaumont is representing the plaintiff.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B179-789

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