No evidence of woman’s fall, Parkdale Mall dismissed from suit

By David Yates | Apr 24, 2013

Parkdale Mall has been granted summary judgment in a trip-and-fall lawsuit.

As previously reported, Bulinda Mathis filed her suit June 23, 2011, in Jefferson County District Court, alleging she tripped and fell over a door jam while shopping.

The case was slated to go to trial in late February; however, on Jan. 31 Judge Bob Wortham, 58th District Court, granted the mall’s motion for no evidence summary judgment, dismissing CBL & Associates (Parkdale Mall) with prejudice, court papers say.

The mall filed the motion on Jan. 8, asserting it had no actual or constructive notice of the alleged condition and therefore had no opportunity to investigate, inspect, warn or correct the condition.

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 was 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.

Case No. A190-399

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