David Yates Jul. 14, 2015, 11:03am


Discovery is still continuing to proceed in a suit brought by Carolyn Rhymes, who claims an Applebee’s host, while taking a step backwards, incidentally stepped on her foot, causing her to loose her balance and land on her butt.

Seeking up to $1 million in damages, Rhymes filed suit against El Chico Restaurants of Arkansas on March 27 in Jefferson County District Court.

Court records show El Chico answered the suit on April 13, asserting a general denial.

One of the last filings in the case came June 8, a certificate of discovery showing Rhymes had responded to El Chico’s request for production and interrogatories.

In her suit, Rhymes, who was 65 years old at the time, says the “accident occurred on May 10, 2014, at Applebee’s on Dowlen Road in Beaumont.”

As Rhymes walked behind the host assigned to seat her, the host took a step backwards and stepped on her foot, “causing her to lose her balance and fall forcefully to the ground.”

Rhymes landed on her butt, hitting her arm and leg on the way down. As a result of the fall, Rhymes had to undergo medical treatment, the suit alleges.

Since the restaurant chain employed the host, the defendant is liable for him “failing to watch where he was walking,” the suit alleges.

Rhymes is suing for her past and future disfigurement, impairment, mental anguish and medical expenses.

Beaumont attorney Malachi Daws represents her.

Houston attorney Jeffrey Diamond represents El Chico.

Judge Kent Walston, 58th District Court, has been assigned to the case.

Case No. A196-887

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