Robbie Hargett Nov. 4, 2015, 12:19pm


A Texas man is suing a Galveston couple and a Galveston restaurant, alleging negligence for injuries the man says he sustained on the eatery's premises.

David Smith filed a lawsuit Oct. 30 in Galveston County District Court against Thomas Cook, Saundra Cook, and Amsalem Enterprises, doing business as The Cajun Greek, alleging negligence, gross negligence and premises liability.

On Sept. 28, 2014, the suit states, Smith, his wife and his friends were walking across the parking lot to the entrance of The Cajun Greek restaurant at 2226 61st St., Galveston, when Smith slipped and fell on water and condensation that had collected in the area around the drive-through.

The complaint states numerous employees, patrons and the manager on duty indicated they had also slipped and fallen in the same area or were aware that water and condensation routinely collects there. The suit alleges the defendants were negligent in maintaining a dangerous condition on the premises, among other negligent acts or omissions.

As a result, the suit says, the plaintiff suffered a displaced oblique fracture to the proximal diaphysis of his right fibula bone and ankle, for which he has undergo surgery.

Smith seeks actual, exemplary and special damages. He is represented by attorneys Daniel B. Nelson and John F. Nelson of Nelson Pursley in Houston.

Galveston County District Court case number 15-cv-1159.

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