Discovery is underway in a suit brought by James Hardee, who sued Gulf Healthcare Center-Port Arthur alleging a nurse forgot to lock his wheelchair, which caused him to fall and “knock” a hole in the wall as he returned from the bathroom.

As previously reported, the suit was filed April 24 in Jefferson County District Court. 

Court records show that on June 18 a certificate of discovery was filed, showing the defendant had responded to the plaintiff’s request for disclosure.

According to the lawsuit, on May 5, 2012, Hardee was admitted to the defendant’s facility for care and treatment following knee surgery.

On May 30, 2012, he requested assistance to go to the bathroom. When the nurse attempted to return him to the bed, the nurse failed to properly lock the wheelchair wheels, which caused “such a violent fall that he literally knocked a hole in the wall of the bathroom.”

Afterwards, the nurse failed to seek further medical assistance. The following day, Hardee was discharged and later learned from other healthcare providers that he suffered fractures in his neck, throat and leg, the suit states.

Hardee alleges the injuries he suffered were due to the negligence of the defendant.

He is suing for his past and future medical expenses, mental anguish, pain, and impairment.

Houston attorney Craig Lewis represents him.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B194-274

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