John Suayan, Galveston Bureau Jul. 18, 2011, 2:50pm
GALVESTON Ã¯Â¿Â½ After hurting herself at a local Denny's, Brazoria County resident Kathy Banks has filed suit against the eatery and its owner, Abdul A. Madani.
Banks says a few ceiling tiles fell on her as she waited to be seated at the defendant's restaurant last Nov. 2.
The suit was filed July 6 in Galveston County District Court.
According to recent court documents, the subject tiles impacted the plaintiff's head, neck and shoulders, causing her to be severely injured.
They point out that the defendant's employees "had actual knowledge of the ceiling leaking and no warning signs had been put out."
"The employees knew such condition was unreasonably dangerous and should have made the necessary repairs," the original petition says.
It adds Denny's and Madani negligently created the unreasonably dangerous condition and negligently failed to effectively warn the complainant, evoking the writ of respondeat superior.
"Such negligence on the part of the defendant, its agents, servants and/or employees, proximately caused the plaintiff to suffer the injuries and damages for which she sues the defendant herein," the suit says.
Banks consequently sues for reasonably and necessary medical expenses, physical pain, mental anguish, loss of earning capacity and physical impairment.
She also seeks a jury trial.
The plaintiff is represented by attorney John Farneti Jr. of Houston.
The case has been assigned to Galveston County 212th District Court Judge Susan Criss.
Case No. 11-cv-1099