Defendant answers suit over falling ceiling tiles at restaurant

John Suayan, Galveston Bureau Jan. 16, 2012, 10:00am

GALVESTON - A local restaurateur recently filed an original answer in a personal injury lawsuit against him and his eatery, asserting the plaintiff's right to recoup medical expenses is limited.

Abdul A. Madani's four-page response filed Nov. 14 before the Galveston County 212th District Court, argues the amount Brazoria County resident Kathy Banks was allegedly billed for the medical treatment she received is in excess of the amounts actually incurred.

Banks is suing Madani, also known as David Madani and doing business as Denny's Restaurant, after ceiling tiles at the establishment fell on her as she waited to be seated on Nov. 2, 2010.

Court papers submitted July 6 say the subject tiles impacted the plaintiff's head, neck and shoulders, causing her to be severely injured.

Banks adds that the defendant's employees "had actual knowledge of the ceiling leaking and no warning signs had been put out."

The suit evokes the writ of respondeat superior against the respondents for supposedly creating the unreasonably dangerous condition and failing to effectively warn the complainant.

The defendants generally deny the allegations and insist Banks's medical expenses are "limited to the amount actually paid or incurred by or on behalf of the plaintiff."

They request a jury trial.

Soule, Baldwin & Fanaff is representing the respondents.

Case No. 11-cv-1099

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