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"Luby&rsquo;s is seeking summary judgment in litigation brought by Elaine Bromley, who sued the restaurant chain after tripping over an unmarked wheel stop.&nbsp; <br /><br />As previously reported, the suit was filed Dec. 21, 2011, in Jefferson County District Court.<br /><br />Court records show that on Sept. 13, Luby&rsquo;s filed a motion for summary judgment, stating there is no evidence to support the plaintiff&rsquo;s claims.<br /><br />&ldquo;Plaintiff has not evidence of any intentional knowing or malicious conduct to support a gross negligence claim,&rdquo; the motion states. &ldquo;Accordingly, Summary Judgment is appropriate.&rdquo;<br /><br />The suit states that on April 14, 2009, Bromley was dining at the Port Arthur Luby&rsquo;s. As she was leaving the restaurant, she tripped and fell &ldquo;over an unmarked, unpainted parking stop.&rdquo;<br /><br />Bromley alleges Luby&rsquo;s owed her a duty to safeguard against the unreasonably dangerous condition and warn her of the unmarked parking stop&rsquo;s existence.<br /><br />She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.<br /><br />Beaumont attorney Jonathan Juhan represents her.<br /><br />Luby&rsquo;s is represented by Houston attorney Roy Camberg.<br /><br />Judge Donald Floyd, 172nd District Court, is assigned to the case.<br /><br />Case No. E191-555"^^<http://www.w3.org/2001/XMLSchema#string>
<http://setexasrecord.com/stories/510620862-luby-rsquo-s-seeks-summary-judgment-in-trip-fall-suit>