Pizza Hut notifies plaintiff that deposition sought in trip & fall

A notice of intention to take oral deposition has been filed in a suit brought by Kathleen Feldt, who, after finishing a slice of Pizza Hut pizza, tripped over a wheel stop on the way to her car.

As previously reported, Feldt filed suit against NPC International (doing business as Pizza Hut) and Valencia Hills Partners on Dec. 10 in Jefferson County District Court, alleging it is the defendants' fault she tripped because the parking lot area was poorly lit.

On Aug. 12 NPC notified the plaintiff that it sought the oral deposition of Carrie Andrus, whose testimony will be used at the time of trial, the notice stated.

The notice does not state what importance Andrus' testimony will have on the case.

According to the lawsuit, Feldt went to dine at a Lumberton Pizza Hut on the night of Oct. 13, 2009. She was allegedly injured as she exited "defendants' premises when she tripped and fell over a wheel stop located in her path in a poorly lit area adjacent to the sidewalk of Pizza Hut."

"Defendants were ... responsible for the placement of the wheel stop and the lighting of the area where plaintiff feel," the suit states. "Defendants should have know that the condition on its premises created an unreasonable risk of harm to invitees."

In her suit, Feldt alleges she fractured her ankle in the fall and is suing for her past and future mental anguish, medical expenses and lost earnings.

Beaumont attorney Don Bush of the Bush Lewis law firm represents her.

NPC is represented by Mark Lambert, attorney for the Beaumont law firm Benckenstein, Norvell & Nathan.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E188-945