Petition amended in suit over fall at steakhouse

John Suayan, Galveston Bureau Nov. 10, 2011, 10:00am

GALVESTON - A Houston man suing over injuries he reportedly sustained at a Kemah steakhouse has entered his first amended petition.

Justin Turner revised his original complaint Oct. 24 to reflect defendant Restaurants U.S. Enterprises' name change to T-Bone Tom's Meat Market, Steakhouse, Restaurant, Inc.

Turner filed suit against the eatery and manager Bruce Cote before the Galveston County 10th District Court on April 26, alleging Cote applied "excessive force" to him on Dec. 15, 2010.

Court papers submitted at the time show the plaintiff was a customer at T-Bone Tom's when Cote, who was acting in the course and scope of his employment, applied excessive force and inflicted him with bodily injuries.

"The defendants, its agents, servants and employees knew or in the exercise of ordinary care, should have known that their negligent conduct would cause injuries to their guests, including the plaintiff," it says.

Turner faults the respondents for failing to properly maintain the premises and failing to train, hire and supervise competent staff.

Original answers were subsequently filed with Cote justifying Turner's alleged injuries as self-defense.

Attorney T. Edwin Walker of Houston is representing the defendants.

Case No. 11-cv-692

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