A notice of intention to take deposition by written questions was recently filed in litigation brought by a homecare worker, who sued the estate of a deceased former patient with dementia who allegedly attacked her.
As previously reported, Michelle James filed suit against Eris Becker, representing the estate of Herbert Becker, on May 16 in Jefferson County District Court.
The defendant filed the notice on Aug. 6 and notifies the plaintiff that she will take the depositions of the custodian of records for Memorial Hermann Baptist Beaumont Hospital and Houston Orthopedic & Spine Hospital, court records show.
According to the lawsuit, James was employed as a home healthcare worker with Home Instead of Beaumont and assigned to work at the Beckers’ home. Herbert Becker was suffering from various forms of dementia and his behavior had become erratic and violent, the suit states.
On Sept. 25, 2012, Herbert Becker suddenly allegedly attacked James without warning or provocation, causing her to injure her back, according to the suit.
Eris Becker knew Herbert Becker suffered from violent tendencies and negligently failed to warn James, the suit alleges.
The plaintiff is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.
She is represented in part by Beaumont attorney Scott Renick.
Judge Bob Wortham, 58th District Court, is assigned to the case.
Case No. A194-346