Texas Roadhouse dismissed from slip & fall suit

David Yates May 9, 2013, 3:09pm

Texas Roadhouse restaurant has been dismissed from a slip-and-fall lawsuit.

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 Boggs filed a motion to non-suit the restaurant on July 17.

On July 24 Judge Bob Wortham, 58th District Court, dismissed the company with prejudice.

The suit alleged that on Dec. 23, 2009, Boggs was dining at the establishment when she slipped and fell.

Texas Roadhouse filed an amended answer Nov. 22, 2011, pleading that the incident in question was caused by Boggs’ negligence, court records show.

In its amended answer, the restaurant maintained 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.”

Boggs was 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 represented her.

Houston attorney William Lick Jr. represented the defendant.

Case No. A189-474

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