SE Texas Record

Tuesday, July 23, 2019

Judge refuses to reinstate case alleging Lamar caused grandmother's fall

By David Yates | Feb 3, 2011

A Port Arthur woman, who fell while dropping her granddaughter off at a college childcare center, had her motion for reconsideration denied by a Beaumont judge on Monday.

As previously reported, Linda Martinez filed a lawsuit Aug. 13, 2009, in Jefferson County District Court against Lamar State College Port Arthur, alleging she slipped and fell after dropping her granddaughter off at the university's daycare on Aug. 22, 2007.

In response, Lamar filed a motion for summary judgment, arguing the university is protected by governmental immunity.

Judge Donald Floyd, 172nd District Court, granted the motion Dec. 13, dismissing the college from the suit.

On Jan. 13, Martinez filed her motion for reconsideration, asking Judge Floyd to reconsider his ruling and reinstate the case.

Martinez's attorneys, Ryan Douglas White and Jason Cansler of Brent Coon and Associates, argued a genuine issue of material fact existed and he should reconsider his ruling in light of the evidence, according to the motion.

Conversely, Lamar filed a response contending that Martinez missed the deadline for filing a motion for a new trial by one day, stating that the court's jurisdiction over the case expired Jan. 12.

On Jan. 27, Judge Floyd found "that the plaintiff's motion lacks merit and should be denied, according to his signed order.

The order was officially entered in the record on Jan. 31.

Houston attorney Debra Bradberry of Bingham, Mann, House & Gibson represents Lamar.

Case No. E184-653

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