In June, the Southeast Texas Record reported on a suit filed by Rose Marie Charpentier, who sued the Carrabba's Italian Grill in Beaumont alleging she tripped on sweepers in the eatery's entrance way.
Carrabba's successfully had the case transferred to federal court on Sept. 8, according to the defendant's notice of removal, filed by Houston attorney Marshall Rosenberg.
Charpentier and her husband, Hillary Charpentier, claim they ate at Carrabba's on Feb. 6, 2009.
Court papers show as the couple attempted to leave the restaurant, Charpentier tripped and fell over a sweeper.
"A half wall separated the exit route from the dining area," the suit states. "The half wall hid whatever was on the exit route side and the wall, which when Plaintiff left included floor sweepers lining the opposite side of the wall. The sweepers were not in that position when Plaintiffs entered the premises."
Charpentier is seeking damages for her alleged physical pain, mental anguish and physical impairment, incurred medical costs, and endured a reduction in her earning capacity.
Her husband is suing for a loss of his wife's care, comfort, solace, companionship, protection, services and physical relations and suffered mental anguish.
Together they allege Carrabba's negligently failed to maintain a safe premises, maintained a dangerous condition on the premises, and failed to take adequate precautions to ensure a safe premises.
E. Hart Green of Weller, Green, McGown and Toups in Beaumont represents them.
The case was originally assigned to Judge Donald Floyd, 172nd District Court, before being transferred to the U.S. District Court of Texas, Beaumont Division.
Jefferson County District Court case number: E187-006