With a trial looming next month, an unopposed motion for continuance has been granted in a suit accusing a man of not maintaining his roping arena, which allegedly caused the plaintiff’s horse to slip.
As previously reported, Denise Morgan filed suit against Beaumont local John Shackelford on Nov. 9, 2011, in Jefferson County District Court Jr., claiming it was the roping arena owner’s fault that her horse slipped.
Court records show that the case was slated to be tried on Oct. 1.
However, on Aug. 15 the parties filed an agreed motion for continuance, stating that they are attempting to can come to an independent resolution.
Judge Donald Floyd, 172nd District Court, granted the motion on Aug. 21, pushing back the trial setting to January 2014.
But once again, on Nov. 27 Shackelford filed an unopposed motion for continuance, stating that more time was needed for discovery, court papers say.
On Dec. 2 Judge Floyd granted the motion, resetting the case for trial in May 2014.
Court records further show Shackelford answered the suit on Jan. 30, 2012, asserting Morgan failed to exercise a degree of care that a person of ordinary care would have.
Shackelford has also filed a demand for a jury trial.
According to the lawsuit, on Nov. 14, 2009, Morgan was exercising her horse at Shackelford’s roping arena when the horse suddenly slipped and fell while making a cut.
Morgan alleges Shackelford failed to disc and plow the entire arena, leaving a portion with grass that would be slippery to a horse.
Because of the incident, Morgan, a licensed barber, claims that she broke her wrist and can no longer hold scissors to cut hair.
Morgan also claims that her face and mouth have been disfigured because her front teeth bit through her upper lip in the fall.
She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney Thomas Moses represents her.
Houston attorney Glenn Fahl represents Shackelford.
Case No. E191-319