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Default judgment sought in slip & fall suit against Ross

By David Yates | Nov 21, 2013

Nelson randy

A motion for default judgment has been filed against a dress shop in a slip-and-fall lawsuit.

As previously reported, Modesta Cervantes filed a lawsuit against Ross Dress for Less, Ross Stores Texas and Rancho Dowlen on April 25 in Jefferson County District Court, alleging she slipped and fell at the Beaumont store.

Court records show the motion for default judgment was filed Aug. 30, stating the deadline for Rancho has passed.

Court records also showed that in May, Ross answered the suit, asserting a general denial.

Ross is asking that the plaintiff take nothing, prove her allegations, and be awarded costs.

According to the lawsuit, on Sept. 1, 2012, Cervantes entered Ross, on premises owned by Rancho Stores, to purchase goods.

As she was shopping, Cervantes slipped on a slippery floor, causing her to violently fall to the floor, the suit states.

“It was later noticed that the floor … was covered with water and the ceiling of the store was leaking,” the suit states.

The suit further accuses the defendants of negligently failing to inspect and maintain the premises and warn invitees of the dangerous condition.

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

Houston attorney Cristobal Galindo represents her.

Dallas attorney Randy Nelson of Thompson, Coe, Cousins & Irons represents Ross.

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

Case No. E194-276

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