Luby's answers suit claiming PTSD after biting into metal blade

David Yates Apr. 20, 2011, 6:42am

Luby's in Beaumont

Luby's answered a suit Friday that claims Travis County resident Linda Bives suffers from Post Traumatic Stress Disorder after biting into a metal blade while dining at the restaurant.

As previously reported, Bives filed suit against the restaurant chain on Dec. 20 in Jefferson County District Court.

According to its answer filed April 15, Luby's denies Bives' allegations and demands proof of her allegations.

The restaurant chain is asking the court to dismiss the case.

Court records show Bives was eating a meal at the Luby's off of Interstate 10 in Beaumont "when she suddenly and unexpectedly bit into a metal blade (hidden) in her food."

"Apparently, the metal piece had dislodged from one of the machines used by Luby's to prepare food," the suit states.

"An employee who apologized for the 'dangerous condition' immediately assisted Bives and took possession of the metal blade. Bives was horrified and sought medical treatment for both physical and mental injuries and has been diagnosed with PTSD."

Bives alleges Luby's negligently failed to inspect its premises for dangerous conditions posing hazards to customers.

She is suing for her past and future mental anguish, medical expenses, impairment and lost wages.

Houston attorney Fred Willumsen represents Bives.

Luby's is represented by attorney John Grayson of the Houston law firm Cokinos, Bosien & Young.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A188-993

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