David Yates Nov. 30, 2012, 12:42pm
The estate of Karl Ray Lovett has filed a wrongful death suit against Floyd’s Cajun Seafood and Texas Steakhouse, alleging the man died after eating contaminated oysters.
The suit, filed Nov. 27 in Jefferson County District Court, alleges the warning about eating raw seafood was insufficient and not placed near the seafood items on the menu.
According to the lawsuit, on May 11 Lovett and his family went to Floyd’s in Beaumont for a Mother’s Day celebration. The suit alleges Lovett was reassured that the oysters were safe to eat, so he ordered a dozen raw oysters on the half-shell and ate all of them.
The following day, he began experiencing nausea and aches in his lower extremities. On the night of May 15 his right leg swelled, blistered and turned dark, prompting him to see a physician in the morning.
He died that afternoon from vibro vulnificus sepsis, a bacteria known in untreated, contaminated oysters, the suit states.
The suit further claims that the warnings about raw seafood on the Floyd’s menu are on the back of the menu, away from the oyster section, and under the children’s menu, with writing so small that it is difficult for middle-aged people like Lovett to read without a magnifying glass.
The warning also does not warn of death, the suit states.
Floyd’s is accused of gross negligence and deceptive trade practices, entitling the plaintiffs to exemplary damages.
Beaumont attorney Susan J. Oliver represents the plaintiffs.
Judge Gary Sanderson, 6oth District Court, is assigned to the case.
Case No. B193-638