Dan Packard

Usually the only defect at a Luby's cafeteria is the long line to get a serving of mashed potatoes. But one local resident claims a "defect" in the Luby's parking lot in Port Arthur caused her to trip and hurt her elbow.

Claiming the restaurant negligently failed to inspect and maintain its premises, Kathy Addison filed a personal injury lawsuit against Luby's Inc. and Marvin Poer and Company in the Jefferson County District Court on Jan. 15.

According to Addison's petition, on Feb. 18, 2006, she "tripped on a patch of concrete in the parking lot" of the Luby's on Texas 73, "causing her to fall and sustain injuries to her right arm and elbow."

"The defective parking lot posed an unreasonable risk of harm to Plaintiff," the suit said. "Defendants should have…known of the condition of the premise because the obvious defect…existed for such a period of time that Defendants should have known of its existence from ordinary use and inspection of the property."

Addison is suing for past and future pain, mental anguish, disfigurement, impairment and medical expenses, plus attorney's fees and suit costs.

She is demanding a trial by jury and is represented by attorney Daniel Packard of the Packard, Packard & LaPray law firm.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

Case No. B180-019

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