Trip & fall against HEB dismissed

by David Yates |
Mar. 25, 2013, 4:15pm

An order granting an agreed motion to dismiss has been granted in litigation brought by Beaumont resident Laura Wheeler, who filed a trip-and-fall lawsuit against HEB Grocery.

Wheeler filed suit against HEB on May 13, 2011, in Jefferson County District Court, alleging she tripped over an “unpainted parking lot lane barrier” while loading her groceries two years ago.

Court records show that on Dec. 4 an agreed motion to dismiss with prejudice was filed, stating that he parties have settled and resolved all claims.

The following day, Judge Donald Floyd, 172nd District Court, granted the motion, court papers say.

On April 10, 2012, Wheeler filed a notice medical and billing records, containing the medical records of her treatment at Reddy’s Physical Therapy Clinic, court papers say.

Court records also show Wheeler filed a medical records notice on Jan. 11, 2012.

That notice states Wheeler has received treatment from seven different medical providers since her injury and racked up a total of $11,865.03 in medical expenses.

According to the lawsuit, on May 21, 2009, Wheeler was leaving the Beaumont HEB on Dowlen Road after shopping. After placing her groceries in her car, she claims she tripped over an “unpainted parking lot lane barrier.”

The suit alleged HEB should have inspected its premises and remedied the dangerous condition and warned shoppers of the dangers.

Wheeler was suing for her 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 the plaintiff.

Case No. E190-008

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