GALVESTON - A Galveston couple has initiated legal action against Golden Arch Ltd Partnership after the husband suffered a slip-and-fall at one of its nearby restaurants.

In a lawsuit filed Aug. 12 in Galveston County District Court, Trudy and Gary Davis allege that wet flooring at a McDonald's in La Marque caused Gary Davis to lose his footing and suffer ruptured quadriceps in both legs on Oct. 24, 2012.

Restaurant manager Robert Flores is a co-defendant in the case.

Gary Davis went to the defendants' restaurant to eat breakfast when the incident in question occurred.

According to the suit, the tiled entrance to the building was "extremely" wet.

"The wet tiled entrance on the defendants' premises posed an unreasonable risk of harm," the original petition says.

"The defendants knew or reasonably should have known of the wet tiled entrance."

It faults the respondents for:

  • Failing to reduce or eliminate the risk;

  • Failing to warn of the slippery tile;

  • Failing to inspect and maintain the entryway;

  • Failing to install non-slip surfaces to the entrance of the restaurant; and

  • Providing a mat that was too small to cover the wet slippery tile.

Consequently, the Davises seek unspecified monetary damages and a jury trial.

They are represented by attorney James B. Galbraith of McLeod, Alexander, Powel & Apffel PC in Galveston.

Galveston County 10th District Court Judge Kerry L. Neves is presiding over the litigation.

Case No. 13-CV-1042

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