'Excessively waxed' floor leads to slip and fall suit against Cheddar's

David Yates Sep. 18, 2007, 1:28pm

While dinning at the Cheddar's Restaurant in Beaumont, Sandra Thornton claims she was injured when she slipped on a polished floor.

Thornton alleges the restaurant is negligent for failing to post a warning sign notifying the public that the floor had been "excessively waxed." She filed suit against Wow Food Concepts (Cheddar's owners) with the Jefferson County District Court on Sept. 17.

According to the plaintiff's original petition, on Sept. 5, 2006, Thornton "was eating lunch when she sustained injuries as the result of a fall caused by slipping on a floor that contained an excessive amount of floor wax and/or polish."

"Defendants owed a duty…to protect and safeguard plaintiff from dangerous conditions on the premises or to warn of their existence," the suit said. "Thornton suffered serious and permanent bodily injuries as a direct result of the fall. The fall…was caused by a slippery floor that contained an excessive amount of floor wax and/or floor polish.

In her suit, Thornton further alleges that if "dangerous condition" had persisted without her incident, it would have been eventually noticed by Cheddar's employees and remedied before any one could hurt themselves.

"Defendants, their agents, servants and employees, who were at all times acting in the course and scope of their employment, were guilty of negligence toward the plaintiff," the suit said.

Thornton says her injuries are permanent. She is suing for past and future medical expenses, physical pain and mental anguish.

She is demanding a trial by jury and is represented by Michael Ramsey, attorney for the Mostyn Law Firm.

Judge Milton Shuffield, 136th Judicial District, will preside over the case.

Case No. D180-048

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