Galveston County worker sues over fall at all-night diner

John Suayan, Galveston Bureau Mar. 26, 2009, 9:25am

GALVESTON � A Collin County woman is suing Dickinson's City Cafe in Galveston County District Court over multiple injuries she sustained during her shift at the 24-hour eatery a couple of months ago, recent court documents say.

Sandra Ullom's lawsuit, which was filed on March 19, alleges City Cafe neglected to provide the plaintiff a safe working environment, causing her to slip on a small object and connect with a table.

"An employer has a non-delegable duty to provide rules and regulations for the safety of its employees, furnish safe machinery and instrumentalities, provide a safe work place, and select competent fellow servants," it says. "If City Cafe had recognized this hazardous condition, this accident could have been avoided."

Ullom was in the midst of her duties on Jan. 3 when she walked over a piece of plastic and suddenly lost her balance, the complaint states.

The plaintiff subsequently struck her head on a stainless steel table and fell to the floor.

Another employee reportedly discarded the item, according to the original petition.

Although the suit does not specify Ullom's injuries, but claims they were severe and permanent.

City Cafe is accused of failing to properly keep its floor free from hazards, train personnel on how to successfully maintain the floor, resolve the floor's poor state, and inform the plaintiff that her work area was unsafe.

Because the complaint implicates one of Ullom's co-workers, it evokes the writ of respondeat superior against the defendant.

Ullom seeks damages including but not limited to pain and suffering, mental anguish, medical expenses, and losses of wages and earning capacity.

Dallas attorney Aaron A. Herbert is representing the plaintiff, and the case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 09CV0374

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