McDonald's sued by patron after fall

John Suayan, Galveston Bureau Feb. 26, 2009, 7:30am

GALVESTON – A Galveston woman seeks $50,000 in damages from McDonald's for multiple injuries she allegedly sustained to the left side of her body after a fall at a La Marque eatery in February 2007, recent court documents say.

Ruby J. Collins, who filed the personal injury lawsuit in Galveston County District Court on Feb. 2, says she was in the process of walking to the counter to get cream for her coffee on Feb. 10 when she slipped on a puddle consisting of an unknown substance and fell.

"The wet floor caused her to fall and seriously injured her left arm, left shoulder, left elbow, left knee, hips, and body generally," the suit states.

An employee filed a report on the alleged incident the next day.

The suit accuses McDonald's of failing to maintain the floor in a reasonably safe condition, warn the plaintiff of the slippery and dangerous condition of the floor, permitting the wet substance to remain, properly inspect the floor conditions, and discover and correct the problem.

"Each of the foregoing negligent acts and omissions, whether taken singularly or in any combination, was a proximate cause of the plaintiff's injuries as hereinafter alleged," the suit says.

Collins insists she was mindful of her movement toward the counter.

"The plaintiff kept a proper lookout, but she had no way of knowing that the floor contained a foreign substance until it was too late," the suit argues.

Collins has suffered severe physical and mental pain, suffering, and anguish as well as incurred mounting medical expenses because of the incident, according to the complaint.

Represented by Houston attorney Gregory W. Allen, the plaintiff seeks a jury trial.

Galveston County 212nd District Court Judge Susan Criss is presiding over the case.

Case No. 09CV0137

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