Wee Care Childcare argues plaintiff’s own negligence caused fall

By David Yates | Oct 10, 2013

A daycare center has answered a personal injury lawsuit, asserting it was the plaintiff’s own negligence that caused her to fall.

As previously reported, on Feb. 19 Port Arthur resident Melinda Zuniga filed a suit in Jefferson County District Court against Steve and Carolyn Quebodeaux and their business, Wee Care Childcare, for injuries she allegedly suffered when she fell while in the defendants’ employment.

Court records show Wee Care answered the suit on March 18, stating that the “plaintiff failed to exercise ordinary care for her own safety” and her injuries were caused “by her own negligent acts.”

The defendant is asking that the plaintiff take nothing and that it recover the cost of suit.

According to the lawsuit, on Nov. 21, 2011, Zuniga was an employee of the defendants when she fell, injuring her hip and lower back.

Zuniga had a preexisting condition that was exacerbated by the fall, the suit states.

The suit accuses the defendants of carelessness and negligence but fails to list a specific act of negligence or describe how the plaintiff fell.

She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and lost wages.

Port Neches attorney Harry Wright of Wright & Pitre represents her.

Beaumont attorney Bonnie Hollier of Templeton & Brinkley represents the daycare.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E193-959

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