A man has filed a personal injury suit against a locally-owned delicatessen chain, claiming he fell because of an allegedly dangerous condition of the floor.

According to court papers, Rick Kilpatrick was a customer at one of the Jason's Deli locations in Southeast Texas on Aug. 16, 2006, when he was allegedly injured after falling on a substance on the restaurant floor.

He filed suit against Deli Management Inc., doing business as Jason's Deli, on Aug. 12 in Jefferson County District Court.

"Due to the preventable and unreasonably dangerous condition of the flooring, plaintiff fell, landing on the floor of defendant's premises," the original complaint states. "This fall caused plaintiff extensive personal injuries, including injuries to both knees."

Kilpatrick claims he has undergone extensive surgery and rehabilitation on his left knee and needs additional medical care and treatment to his right knee.

"In all reasonable medical probability, plaintiff will need future surgery and other medical care," court papers say. "The injuries suffered by plaintiff are painful and impairing."

The lawsuit alleges that Jason's Deli committed negligence because the floor was in an unreasonably dangerous condition at the time of the incident.

"Defendant knew or reasonably should have known of the conditions of the premises because defendant, or its agents, or employee attempted to clean up the substance but failed to adequately do so," the complaint states.

The complaint also alleges that the defendant breached its duty of care by failing to make the conditions reasonably safe and failing to adequately warn the plaintiff of the conditions.

Kilpatrick is seeking damages for physical pain, mental anguish, disfigurement, impairment, medical expenses, loss of earning capacity, loss of consortium, loss of household services, exemplary damages, costs of suit, interest and all other relief to which he may be entitled.

Jason's Deli is a family-owned business that began in Beaumont in 1976. The restaurant now has 200 locations in the south and southwest.

Tim Ferguson of the Ferguson Firm in Beaumont is representing the plaintiff.

The case has been assigned to 136th District Judge Milton Shuffield.

Case No. D182-213

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