GALVESTON - A lawsuit over a waitress's alleged fall at a Bayou Vista restaurant almost three years ago was recently junked.

Galveston County 405th District Court Judge Wayne Mallia signed an agreed final order of dismissal with prejudice Jan. 2 which disposed Santa Fe resident Gloria Stavely's personal injury suit against her employer, Ocean Grill Restaurants LLC.

As previously reported, Stavely claimed she fell while waiting tables at Bayou Bistro on Jan. 23, 2009, as a result of a dangerous condition on the defendant's premises.

According to the original complaint, the plaintiff was tending to customers in the dining room and taking orders to and from the kitchen when she stepped on a wet surface, slipping and injuring herself seriously and permanently.

She blamed the defendant for failing "to provide a clean, dry and level work area to enable the plaintiff to safely perform her work tasks" as well as "not warning her of the condition of the premises despite knowing about its existence and potential to cause serious injury."

The respondent provided a formal answer to the allegations last Feb. 23.

Both parties later submitted a motion to dismiss.

Eggleston & Briscoe LLP of Houston represented the eatery.

Case No. 11-cv-0070

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