Academy Sports & Outdoors has been dismissed from litigation brought by Lynn Hymel, who sued the store after slipping on some algae on his way to purchase a barbecue pit.
As previously reported, Hymel filed suit against Academy on Nov. 24, 2010, in Jefferson County District Court, alleging the company failed to "barricade" the area to keep shoppers from slipping.
On Sept. 8 Hymel filed a motion asking the court to dismiss his case against Academy with prejudice.
The next day, Judge Bob Wortham, 58th District Court, granted the motion, court records show.
According to his petition, on May 28, 2010, 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 was suing for past and future medical expenses, mental anguish, pain and impairment.
Moore, Landrey attorney Tommy Yeates of Beaumont represents Hymel.
Houston attorney Gary Green represents academy.
Case No. A188-866