Unless the case is mediated or dismissed, Parkdale Mall will face a February trial in litigation brought by Bulinda Mathis, who tripped and fell over a door jam while shopping.
As previously reported, Mathis’ suit was filed June 23, 2011, in Jefferson County District Court.
A year later, CBL & Associates (doing business as Parkdale Mall) filed a no evidence motion for summary judgment on June 15, arguing that enough time for discovery has passed and yet the plaintiff has failed to produce any evidence of negligence.
Mathis responded to the motion on July 10, requesting a continuance in the case while she attempts to locate a witness and individuals with actual knowledge of the trip hazard, court papers say.
Court records show that on July 23 an amended discovery control plan was entered in case, replacing the case on the court’s February 2013 docket.
The lawsuit alleges that on Nov. 11, 2009, Mathis was entering Parkdale Mall in Beaumont when she “tripped on a piece of metal that was sticking up from the door jam, causing her to fall to the floor.”
Mathis alleges Parkdale negligently failed to inspect and maintain its premises and warn shoppers of the existence of the door jam.
She is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney Ryan White of Loncar & Associates represents her.
Attorney Mark Lambert of the Beaumont law firm Benckenstein, Norvell & Nathan represents Parkdale.
Judge Bob Wortham, 58th District Court, is assigned to the case.
Case No. A190-399