Plaintiff Lynn Hymel, who sued Academy Sports & Outdoors after slipping on some algae on his way to purchase a barbecue pit, recently requested his case be placed on the October docket.
As previously reported, Hymel filed suit against Academy on Nov. 24 in Jefferson County District Court, alleging the company failed to "barricade" the area to keep shoppers from slipping.
Hymel filed the docket request on April 19, asserting that "all necessary prerequisites for obtaining the (October) setting have been met or satisfied."
According to his petition, on May 28 Hymel and his wife were shopping at the Port Arthur Academy on Memorial Boulevard. He informed a sales representative he was interested in purchasing a barbecue pit he saw in an advertisement.
Court records show Hymel was told the pits were kept in a storage facility behind the store. The representative and an Academy supervisor then proceeded to escort him.
"The plaintiff alleges that at that time he slipped in an area covered with algae," the suit states. "Plaintiff alleges the algae ... constituted a dangerous condition, for which the defendant had previous knowledge."
Hymel alleges Academy should have cleaned the algae, warned shoppers of the danger and barricaded the area.
He claims he had to undergo shoulder surgery after the incident and is suing for past and future medical expenses, mental anguish, pain and impairment.
Moore, Landrey attorney Tommy Yeates of Beaumont represents Hymel.
Academy is represented by Houston attorney Gary Green.
Judge Bob Wortham, 58th District Court, is presiding over the case.
Case No. A188-866