Woman claims she fell because step was same color as concrete, sues Legacy CDC for exemplary damages

By David Yates | Aug 7, 2018

BEAUMONT – A local woman is suing a non-profit organization for exemplary damages because of a trip and fall injury she allegedly sustained two years ago because a step was the same color as the concrete.

Seeking up to $1 million in damages, Barbara Simon filed suit against Alpha-Barnes Real Estate and LLC Tender Loving Care Center for Children, which does business as Legacy Community Development Corporation.

Legacy CDC is a non-profit organization that specializes in the development of affordable housing and the provision or financial counseling.

According to the lawsuit, on Aug. 6, 2016, Simon was visiting her son at the Auburn Square Apartment Homes in Vidor when she walked off a concrete step and fell.

Simon asserts the step and concrete were the same color and there were no markings or handrails to assist her, so she could not recognize the change in elevation.

On top of exemplary damages, she also suing for her past and future pain, mental anguish, impairment, loss of earning capacity, disfigurement and scarring, emotional disability, loss of enjoyment of life and health care expenses.

Beaumont attorney Scott Renick represents her.

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

Case No. E-202157

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