Slip and fall plaintiff who was ordered to amend petition does so

By David Yates | Dec 12, 2013

Beaumont resident Ervin Victoria, who sued Wells Fargo Bank after slipping on a wet handicapped ramp, has amended his petition to include a maximum dollar amount following an order instructing him to do so.

As previously reported, Victoria filed suit against Wells Fargo on Jan. 23, 2013, in Jefferson County District Court, alleging he should have been warned the ramp was wet. 

Court records show Wells Fargo filed its special exceptions on Oct. 2, requesting that the court order Victoria to put a maximum dollar amount on the suit.

On Oct. 11, Judge Gary Sanderson, 6oth District Court, granted the request, ordering Victoria to amend his petition within 30 days.

Nearly three weeks later, Victoria filed his first amended petition on Oct. 31, stating that he has suffered damages and losses in the amount of $490,000.

According to the suit, on Feb. 14, 2012, Victoria exited the Wells Fargo on Gladys Street and headed toward the parking lot.

“Plaintiff crossed the wheel chair ramp, which was painted and fell,” the suit states. “At the time of his exit the ramp was wet and slippery. No warning devices of any kind were present. And the painted surface and the water made the surface extremely slippery.”

The suit accuses the defendant of negligently permitting the surface to become slippery.

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

Beaumont attorney Kent Johns of Johns & Johns represents him.

Wells Fargo is represented by Houston attorney Brock Akers of Phillips Akers Womac.

Case No. B193-845

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