Woman files lawsuit after fall at Mexican restaurant

John Suayan, Galveston Bureau Nov. 11, 2009, 10:20am

GALVESTON � Lunch for a woman at a Texas City restaurant last year ended in a lawsuit that seeks $50,000 in damages from the eatery and a Houston construction business.

Sandra Hamm of Galveston County claims that on Dec. 5, 2008, a seam that was part of renovations performed by Engineered Contractors Inc. at Bravos Mexican Restaurant became entangled with her foot and caused the plaintiff to lose her balance.

"While upon the defendant's premises, the plaintiff suffered serious and permanent bodily injuries as a direct result of a fall proximately caused by the dangerous condition on the defendant's floor" the original petition says.

"More specifically, the plaintiff's foot was caught in the seam of the unfinished floor."

Her suit was filed Nov. 4 in Galveston County District Court. Hamm accompanied two coworkers at the time of the alleged incident.

The party was about to leave Bravos when they encountered two occupied tables in their path.

Not wanting to disturb the patrons, Hamm and her colleagues decided to go around said tables.

Court papers show the restaurant was in the midst of remodeling as laborers had removed a wall to make way for a bar, prompting Bravos to place two small rubber mats in its place.

It was near those mats Hamm sustained multiple injuries, the suit says.

"The plaintiff's right foot was caught in the seam on the floor causing her to fall face first," it states.

The case adds that one of Hamm's co-workers and a customer assisted the plaintiff to a nearby chair "because it was obvious she was injured, she was crying because of the pain."

Shortly afterwards, the manager arrived to assess the situation.

"He picked the plaintiff's glasses from the floor, wiped them off, and handed them to her," the suit says.

As a co-defendant, Engineered Contractors is faulted for failing to perform the work in a safe manner and neglecting to give an adequate warning to those walking in the area where Hamm injured herself.

The plaintiff insists she has suffered serious, disabling injuries to her left arm, left elbow, left shoulder, left hand, feet, right knee, and cervical spine in addition to severe mental anguish.

Houston attorney Gregory W. Allen is representing Hamm, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 09CV2052

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