IHOP manager files supplemental answer, asserts pre-existing condition in slip & fall

The owner of the Beaumont IHOP filed a supplemental answer last week, asserting that a slip-and-fall plaintiff's alleged injuries were pre-existing.

As previously reported, Beaumont resident Sandra Thibodeaux filed suit against Hnreck Nazarian, IHOP and BONA on April 14, 2009, in Jefferson County District Court, alleging she fell on a slippery ramp.

In her suit, Thibodeaux claims she tripped on a handicap ramp located at the IHOP at 5875 Eastex Freeway in Beaumont.

"The ramp was too slippery to be safely traversed, as evidenced by the handicapped person she was assisting on the ramp just prior to her fall," the suit states.

On Feb. 22, Nazarian and his businesses filed their first supplemental answer, asserting that Thibodeaux has failed to mitigate her alleged damages and that the injuries she allegedly received from the incident were actually pre-existing.

Nazarian is asking Judge Milton Shuffield, 136th District Court, to find in his favor and order that the plaintiff take nothing, court papers say.

Thibodeaux says that because of the fall she sustained permanent and debilitating injuries to her knee, back and elbow and incurred medical expenses. She also lost earnings and suffered physical pain, mental anguish, disfigurement and impairment.

Mark Sparks of Provost and Umphrey Law Firm in Beaumont represents her.

Attorney James Harris Jr. of the Beaumont law firm Harris, Duesler & Hatefield represent the defendants.

Case No. D183-774