Plaintiff Elisa Maldonado, who claims a light fixture and part of a ceiling fell on her while washing her hands at a KT Foods Real Estate restroom, failed to show for her own trial on Monday morning.
As previously reported, the Port Arthur local filed suit against KT Foods on April 15, 2011, alleging the company failed to inspect its premises for latent defects.
Two years later, the case was slated to go to trial on April 15, but Maldonado failed to appear.
Since she was a no-show, the defendant will submit a judgment for the court’s approval, according to a courthouse official.
Court records show that on Oct. 11 Maldonado’s former attorney, Tom Oxford of Waldman Smallwood, filed a motion to withdraw, stating he and his client differ on how to proceed with further litigation.
Judge Donald Floyd, 172nd District Court, granted the motion on Nov. 30, court papers say.
The lawsuit alleges that on April 21, 2010, Maldonado, a KT Foods employee at the time of the incident, was “in the restroom washing her hands when the lighting fixture and part of the celling fell on her.”
The suit alleges KT Foods should have known of the danger and failed to provide a safe workplace for employees.
Maldonado was suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Case No. E189-795