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Friday, December 6, 2019

Waitress sues Cajun restaurant after falling, breaking hip

By David Yates | May 27, 2008

Jeff Chilton

A restaurant employee is suing her employer under a legal doctrine which holds places of business liable for their employees' conduct.

Last month, Donna Gros slipped and fell and broke her hip while working as a waitress at Floyd's Cajun Seafood & Texas Steakhouse in Beaumont.

Gros filed her suit on May 23 in the Jefferson County District Court.

Gros' suit says she slipped on April 15, 2008 "in an attempt to perform her job duties as a waitress." Gros says she broke her hip in the fall, "resulting in severe and permanent damage to her body."

"Plaintiff would show that her injuries were caused by the negligence and carelessness of … employees of this Defendant," the suit states. "And for this reason the Defendant is liable to Plaintiff pursuant to the doctrine of Respondeat Superior."

Respondeat superior is Latin for "let the master answer."

In her suit, Gros goes on to allege Floyd's Cajun Seafood had a duty to provide her with a safe work environment and also negligently failed to supervise and train her.

"Defendant owed Plaintiff a duty to adequately control and supervise her work," the suit says.

Gros is suing for exemplary a damages, claiming the restaurant acted with malice.

She is also suing for past and future pain, mental anguish, medical expenses, impairment, disfigurement and lost wages, plus all court costs.

Gros is requesting a trial by jury and is represented by attorney Jeffrey Chilton of Packard, Packard & LaPray.

The case has been assigned to Judge Donald Floyd, 172nd Judicial District.

Case No. E181-802

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