On Friday, Dillard’s will ask a local judge to force Dora Hudspeth, who tripped over shoes near the seating area while shoe shopping, to put a dollar amount on her suit.
As previously reported, on Feb. 25 Hudspeth filed suit against the department store in Jefferson County District Court, alleging she should have been warned of the unsafe condition of the floors.
On Oct. 2 Dillard’s filed its special exceptions, stating that the plaintiff’s petition fails to plead the specific amount of maximum damages sought, court records show.
Dillard’s also says that it attempted to resolve the dispute with plaintiff’s counsel but an agreement could not be reached; therefore, it needs the court to intervene.
According to the lawsuit, on Sept. 31, 2011, Hudspeth was at the Dillard’s in Parkdale Mall in Beaumont shopping for a pair of shoes. There were a large number of shoes scattered on the floor near the seating area and checkout counter.
She was allegedly injured when she stepped on a shoe and fell, the suit states.
The suit alleges Dillard’s negligently failed to inspect and maintain the area and warn shoppers of the unsafe condition.
Hudspeth is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and loss of household services.
Beaumont attorney Kent Johns of Johns & Johns represents her.
Houston attorney Brock Akers of Phillips Akers Womac represents Dillard’s.
Judge Milton Shuffield, 136th District Court, is assigned to the case.
Case No. D193-984