Kristie Tautenhahn was leaving the Houston law offices of Mayer Brown & Platt when she was trapped in the elevator during Tropical Storm Allison. Chris Brown and Robert Thackston, both of Jenkens & Gilchrist, filed the suit before the Harris County Probate Court.

In a hearing yesterday, Judge Russell Austin reached an agreement with Hines and the plaintiff's attorneys to access the underground garage to gather evidence for the discovery phase. "We requested the temporary restraining order to halt Hines' reconstruction of the Bank of America garage because the work may be destroying evidence that will show what happened when Kristie followed building management's instruction to retrieve her vehicle," Brown tells GlobeSt.com. "Our intention is to inspect and photograph the area."

Hines reportedly hired an expert to review the parking garage, according to Brown who says he doesn't know the outcome of the inspection.