A suit filed by Linda Bives, who claims to suffer from Post Traumatic Stress Disorder after biting into a metal blade while dining at Luby's, has been dismissed.
Bives filed suit against the restaurant chain on Dec. 20, 2010, in Jefferson County District Court.
According to its answer filed April 15, Luby's denied Bives' allegations and demands proof of her allegations.
Court records show that on Nov. 17 a joint motion to dismiss was filed, which states that both parties no longer wish to pursue their claims against each other.
That same day, Judge Bob Wortham, 58th District Court, dismissed the parties with prejudice.
Court records show Bives was eating a meal at the Luby's off of Interstate 10 in Beaumont "when she suddenly and unexpectedly bit into a metal blade (hidden) in her food."
"Apparently, the metal piece had dislodged from one of the machines used by Luby's to prepare food," the suit states.
"An employee who apologized for the 'dangerous condition' immediately assisted Bives and took possession of the metal blade. Bives was horrified and sought medical treatment for both physical and mental injuries and has been diagnosed with PTSD."
Bives was suing for her past and future mental anguish, medical expenses, impairment and lost wages.
Houston attorney Fred Willumsen represented Bives.
Luby's was represented by attorney John Grayson of the Houston law firm Cokinos, Bosien & Young.
Case No. A188-993