Luby’s is seeking summary judgment in litigation brought by Elaine Bromley, who sued the restaurant chain after tripping over an unmarked wheel stop.
As previously reported, the suit was filed Dec. 21, 2011, in Jefferson County District Court.
Court records show that on Sept. 13, Luby’s filed a motion for summary judgment, stating there is no evidence to support the plaintiff’s claims.
“Plaintiff has not evidence of any intentional knowing or malicious conduct to support a gross negligence claim,” the motion states. “Accordingly, Summary Judgment is appropriate.”
The suit states that on April 14, 2009, Bromley was dining at the Port Arthur Luby’s. As she was leaving the restaurant, she tripped and fell “over an unmarked, unpainted parking stop.”
Bromley alleges Luby’s owed her a duty to safeguard against the unreasonably dangerous condition and warn her of the unmarked parking stop’s existence.
She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney Jonathan Juhan represents her.
Luby’s is represented by Houston attorney Roy Camberg.
Judge Donald Floyd, 172nd District Court, is assigned to the case.
Case No. E191-555