Continued: hearing on Parkdale Mall’s motion for summary judgment in $1M wrongful death suit

By David Yates | Apr 12, 2017

BEAUMONT – A summary judgment hearing in a $1 million wrongful death lawsuit against Parkdale Mall has been pushed back.

As previously reported, Raina Guevara, representing her father’s estate, filed a lawsuit Nov. 10, 2015, in Jefferson County District Court against CBL & Associates Properties (Parkdale Mall) and Anytime Electric in Houston.

According to the complaint, on June 16, 2015, the late Federico Guevara III was working as an electrical contractor for Anytime Electric at the Parkdale Mall Shopping Center in Beaumont, when an electrical spark caused him to fall 12 to 15 feet from a ladder.

He sustained a severe head injury with skull fracture, the suit says, and was transferred to St. Elizabeth Hospital, where he underwent surgery in an attempt to save his life. Guevara experienced extreme physical pain and suffering for 11 days, ultimately leading to his death.

Court records show that on Feb. 17 Parkdale Mall filed its motion for summary judgment, arguing there is no evidence to support the plaintiffs’ claims of negligence and gross negligence.

Parkdale Mall further contends there is no evidence to indicate that it owed a duty to Guevara.

On April 6, the plaintiffs filed a motion for continuance on the motion, asserting discovery is not complete and Pardale Mall prematurely set the matter for hearing on April 18, court records show.

On April 10, a courthouse official told the Record the parties agreed to continue the motion for a hearing on a later date.

The suit states the defendants were negligent in failing to provide proper equipment, failing to properly plan the work being done, failing to provide a safe place to work, requiring the decedent to work in an unsafe manner, failing to provide scaffold and other negligent acts or omissions.

Raina Guevara, Ysela Guevara, and Federico Guevara IV are the surviving children of Federico Guevara III. Rodriguez is the mother of Ysela Guevara and Federico Guevara IV.

The plaintiffs seek damages of more than $1 million, including interests and court costs.

They are represented by attorneys Clay Dugas and Jane S. Leger of Dugas Leger Law Firm in Beaumont.

Germer attorney Karen Bennett represents Parkdale Mall.

Jefferson County District Court case number A-197788.

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