Whataburger patron sues after ceiling collapses

Michelle Massey, East Texas Bureau Apr. 12, 2010, 5:52am

MARSHALL-Louisiana residents Kelley and William Gaines were enjoying a meal at Whataburger when the ceiling over their head collapsed on Kelley's head.

The couple alleges the restaurant was negligent for not fixing the ceiling and filed a lawsuit against Whataburger of East Texas, doing business as Whataburger #556 of Marshall, on March 1 in the Marshall federal court of the Eastern District of Texas.

According to court records, the plaintiffs stopped in to eat at the Whataburger on April 4, 2008.

"As Plaintiff Kelley Gaines was eating her meal the ceiling over her head collapsed onto her head, back, and shoulders causing serious injuries to her head, neck, back and body," the complaint states.

The plaintiffs claim the restaurant knew of the unreasonably dangerous condition and failed to correct or warn the plaintiffs.

The Gaineses are seeking damages for loss of earnings and earning capacity, loss of consortium, physical pain, mental anguish, physical impairment, approximately $20,000 in medical expenses, interest and court costs.

Tyler attorney Alvin N. Flynn is representing the plaintiff. Jury trial requested.

U.S. District Judge T. John Ward is assigned to the litigation.

Case No 2:10cv00116

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