Agreed judgment entered into League City woman's skewer suit

By John Suayan, Galveston Bureau | Sep 3, 2012

GALVESTON - A League City woman's lawsuit against Saltgrass Inc. was recently disposed, court records show.

An agreed judgment was signed on Aug. 21 by Galveston County 56th District Court Judge Lonnie Cox in the 2011 personal injury suit filed by Deborah E. Marsh, effectively ending more than a year of litigation.

Marsh originally sued the steakhouse on April 6, 2011, after she allegedly swallowed a foreign object while eating at the defendant's Webster establishment on Oct. 6, 2009.

The original petition stated the complainant unknowingly consumed a “sharp-pointed” wooden skewer that was embedded in a steak salad she ordered.

“The skewer punctuated and/or became embedded in her tissue and has caused a permanent impairment to the plaintiff’s voice and vocal cords,” the suit said.

It asserted the restaurant "is strictly liable for serving food to the plaintiff which was contaminated by a dangerous foreign object."

The defendant submitted its formal response to Marsh's allegations on June 7, 2011.

Saltgrass received a non-final partial summary judgment junking the plaintiff's medical claims not relevant to the case last April 13.

A continuance order was signed 10 days later.

The two-page judgment says "an agreement for settlement had been reached herein between the plaintiff and defendant without any admission of liability on the part of the defendant, under the terms of which certain monies would be paid to the plaintiff and her attorney in full, complete and final settlement of all claims asserted by the plaintiff."

Attorney S.R. Lewis Jr. with Lewis & Williams LLP in Galveston represented Saltgrass.

Case No. 11-cv-581

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