Following a Dec. 19 hearing, Sports Connection had its motion to leave and designate responsible third party granted in a suit filed on behalf of minor Derionna Guillory, who was rammed by another child while driving a go-kart.
As previously reported, on June 29 Guillory's mother, Chantell Seals, filed a lawsuit on her behalf against the owners of Sports Connection, Ricky and Sylvia Root, in Jefferson County District Court.
Court records show that Sports Connection first filed its motion on Nov. 1.
An amended motion was then filed on Nov. 18, stating that Kreative Karts is the responsible party, since the company manufactured the go-kart in question and placed it in the stream of commerce.
The motion states that a section of the go-kart was built with an exposed metal frame, which Guillory struck her forehead on.
Judge Milton Shuffield, 136th District Court, found the amended motion proper and granted it on Dec. 19, court papers say.
The lawsuit states that on May 26 Guillory, a 9-year-old girl, went to Sports Connection on a school fieldtrip.
She was operating a go-kart when it "suddenly stopped for no reason" in the middle of the track, causing another go-kart to strike her and suffer a "severe head injury," the suit states.
"No one came to assist her when was unconscious on the go kart track," the suit states. "After Guillory regained consciousness, she unbuckled herself and ran across the track to get out of the way of the other go karts and find a chaperon."
According the suit, Guillory required medical attention and received 12 stiches.
The suit alleges Sports Connection had a duty to inspect the go-kart and make sure all equipment was working properly.
The plaintiff is suing for her daughter's alleged past and future medical expenses, mental anguish, pain, impairment, and disfigurement, plus all court costs.
They are represented by Port Arthur attorney Langston Adams.
Houston attorney Kevin Finkel of Hill & Finkel represents Sports Connection.
Case No. D190-423