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12/01/2009
Hugo Chaviano Obtains Not Guilty for Snow Removal Company in Slip and Fall Case

On January 7, 2005 at about 3:25 AM, Plaintiff, Deloyse Williams, was walking onto the parking lot of a building managed by Centerpoint where she worked. Plaintiff was employed by the U.S. Postal Service which had a facility in the building complex. Plaintiff alleged that as she was walking towards her car, she slipped on a patch of ice. Plaintiff testified it had snowed prior to the date of the accident and she had observed Defendant Sebert plowing snow on the morning of the 6th when she left work at 5:30 AM. According to Plaintiff, she saw the Defendant's truck leaving mounds of snow as it plowed, as well as pushing and piling the snow by the parking area reserved for handicap parking. Plaintiff blamed the ice patch on the melting and refreezing of the piled snow. Plaintiff suffered a displaced right ankle fracture requiring open reduction internal fixation surgery. Plaintiff underwent physical therapy and rehabilitation post surgery and was unable to return to work until approximately six months later. Defendant argued that the ice patch was a result of natural accumulation instead of negligent snow removal on Sebert's part.

Centerpoint never complained of Sebert's work, and there were no complaints corroborating Plaintiff's allegation that snow was piled in the middle of the parking lot.