Colorado couple files slip-and-fall suit against Whataburger

Michelle Massey, East Texas Bureau Jul. 14, 2008, 6:11am

MARSHALL � Arriving early for a business meeting at a Whataburger, Vernon and Jacque Wallis notified a cashier that the floor was slippery.

During the meeting, Vernon Wallis went to refill his beverage, when he slipped and fell striking his head.

Wallis' wife, a registered nurse, saw him lying on the floor with blood beneath his head, unconscious and not breathing.

Using a spoon, Jacque Wallis was able to establish an airway for her husband and he started breathing and regained consciousness.

Emergency medical services arrived and transported Vernon to the hospital.

At the hospital Vernon Wallis was found to have head injuries that included a 3-inch laceration. After receiving staples to close the wound, he was discharged.

Alleging the restaurant failed to maintain the floor in a safe condition, the Colorado couple filed suit against the Longview Whataburger on July 7, in the Marshall Division of the Eastern District of Texas.

The plaintiffs allege that Corpus Christi-based Whataburger was negligent in failing to ensure that the premises were not a danger. Specifically, the plaintiffs state the dangerous condition was caused by the cleaning of the floors.

The couple is seeking damages for medical expenses, mental anguish, physical pain, physical impairment, disfigurement, loss of earning capacity, loss of consortium as well as pre- and post-judgment interest.

Longview attorney Gregory P. Love of the Love and Goolsby LLP law firm is representing the plaintiff.

U.S. District Court Judge T. John Ward will preside over the litigation.

Case No: 2:08cv00267

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