Texas Roadhouse asserts contributory negligence in slip & fall suit

David Yates Feb. 25, 2012, 7:41am

Texas Roadhouse restaurant recently filed an amended answer asserting that a plaintiff in a slip-and-fall lawsuit is responsible for causing her own injuries.

As previously reported, on Feb. 28, 2011, plaintiff Lindsay Boggs filed suit against the Texas Roadhouse in Port Arthur, claiming she slipped and fell at the restaurant because of a dangerous condition.

Court records show that on Dec. 23, 2009, Boggs was dining at the establishment when she slipped and fell.

Texas Roadhouse filed its amended answer Nov. 22, pleading that the incident in question was caused by Boggs' negligence, court records show.

In its amended answer, the restaurant maintains that Boggs' alleged injuries were caused by contributory negligence and that she take-nothing from the suit.

The original petition alleges the incident transpired through no negligence on her behalf and that Texas Roadhouse negligently failed to remedy the unknown "dangerous condition."

On July 15 a discovery control plan order was filed in the case, slating an April trial if the parties fail to mediate on or before February 29, 2012, court papers say.

Boggs is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney John Lane of Provost Umphrey represents her.

Houston attorney William Lick Jr. represents the defendant.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A189-474

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