Discovery order entered in suit against Luby's claiming PTSD

David Yates Jul. 27, 2011, 2:36am


A discovery control order has been entered in a personal injury suit against Luby's.

As previously reported, Linda Bives filed suit against the restaurant chain on Dec. 20 in Jefferson County District Court, claiming that she now suffers from Post Traumatic Stress Disorder after biting into a metal blade while dining at the Beaumont Luby's.

On July 13 a DCO was entered, calling for the case to be mediated before Dec. 23. If the case does not settle, it will be placed on the court's February 2012 trial docket.

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."

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

Bives 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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