Discovery continues in injury suit against Chuck E. Cheese

David Yates Oct. 5, 2011, 10:28am

Plaintiff Cassandra Diggles, who sued Chuck E. Cheese after her daughter hit her head while playing on a ride, recently filed a certificate of discovery.

As previously reported, Diggles filed suit against Chuck E. Cheese on Dec. 22 in Jefferson County District Court, claiming the popular establishment owed her a duty to warn of the dangers of her daughter playing unattended.

Court records show that on June 15 Diggles answered the restaurant's interrogatories and responded to its requests for disclosure and production.

Earlier this year, Chuck E. Cheese filed its answer to the suit, asserting Diggles "failed to exercise ordinary care ... by failing to keep a proper lookout while playing at the restaurant."

"Accordingly, Chuck E. Cheese asserts the affirmative defense of contributory negligence and asks that plaintiffs' comparative fault be submitted to the jury," the answer states.

According to the lawsuit, on Jan. 19, 2009, Diggles and her daughter were at the Beaumont pizza restaurant. Diggles' daughter was playing when she fell and hit her head on the corner of a ride, causing a laceration on her forehead.

"The object had very sharp edges that were not covered," the suit states. "Plaintiffs would show that defendant owed a duty to the general public ... to protect and safeguard plaintiffs from unreasonably dangerous conditions or to warn of their existence."

Diggles is suing for loss of parental consortium and her daughter's mental anguish, impairment, disfigurement and future diminished earning capacity.

She is represented by Beaumont attorney Jonathan Juhan.

Kingwood attorney Brenton Monteleone represents the defendant.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E189-008

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