Alleging there is no evidence of plaintiff Linda Roy Guillory's allegations, Fisco Convenience Store recently filed a motion for summary judgment in a trip-and-fall lawsuit.
As previously reported, Guillory, a Port Arthur resident, filed suit March 30, 2010, in Jefferson County District Court against Shalimar Enterprise doing business as Fisco Convenience Store and Skylar Thompson, claiming she incurred medical costs after falling on uneven pavement at the convenience store.
On March 14, Fisco filed its summary judgment motion, arguing that "there is no evidence to support" Guillory's allegations and adequate time has passed for discovery since the suit was filed.
A tentative hearing on the matter has been slated for Friday, April 15, in Judge Donald Floyd's 172nd District Court.
The case is set to go to trial in May if the judge rejects the motion.
Court papers show Guillory entered the Fisco Convenience Store, owned by Thompson, with the intent to purchase gasoline.
"During the time that Linda Roy Guillory was upon Defendants' property, Linda Roy Gillory was seriously injured as a result of a dangerous condition in that defendant has failed to maintain the condition of its parking lot and area immediately in proximity to fuel pumps," the suit states.
"There are many hazardous changes of elevation due to missing or broken sections of the parking lot pavement."
Because of her fall, Guillory claims she experienced physical pain, suffering, mental anguish, physical impairment and disfigurement; fears a future disease; and incurred medical montioring costs, the complaint says.
Langston Scott Adams of Port Arthur represents her.
Fisco is represented by Houston attorney Scot Doyen.
Case No. E186-425