GALVESTON - A night out at a Texas City restaurant for a Harris County woman resulted in a $100,000 personal injury lawsuit against the eatery.
Eliazar Zapata Spears claims she was hit in the head by a falling light fixture while she and her friends were at The Fish Spot on Apr. 3, 2008.
"The defendant breached its duty by failing to keep the area safe from falling objects, causing objects to fall and by operating their business in such a manner that injuries could result," the original petition says.
"The defendant should have known about the risk of placing unsecured items above the heads in areas where the invitees would be situated."
"The defendants neither warned the plaintiff or made the area safe."
The suit was filed Feb. 16 in Galveston County District Court.
The Fish Spot's representatives, Vickie Pike, Leslie Melghem, Mary Melghem and Clint Waddel were also named defendants.
According to court papers, the restaurant was operating karaoke when Spears was there. The plaintiff then recalls being injured.
"Suddenly and without warning, a light fixture fell from a shelf falling and hitting the plaintiff in the head causing her to black out," the suit says.
Spears insists that neither she nor the witnesses saw any other person touch the lamp. They believe the lamp fell as a result of the vibration of the loud music.
"As a result of this dangerous condition, the plaintiff suffered serious injuries to her person," the suit says.
The plaintiff consequently seeks damages for pain and suffering, mental anguish, and lost wages.
Houston attorney Norman L. Straub is representing Spears, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.
Case No. 10cv0468