Lawsuit faults fast food restaurant for diner's arm, shoulder injuries

GALVESTON - Alleging she slipped and fell at a League City McDonald's and was required to undergo a procedure afterwards, local resident Beth Garcia seeks damages.

Garcia's personal injury lawsuit, filed Sept. 4 in Galveston County District Court, names Kacom Communications Inc. and McDonald's Corp. as defendants.

Her spouse, Michael, joins her as a co-claimant in the litigation.

Recent court documents show that Beth Garcia was a customer at the restaurant in question the late morning of Sept. 23, 2011, when "she slipped and fell in the dining room of the store next to the drink and condiment dispensing station."

"Mrs. Garcia slipped on liquid and other material that was left on the floor," the original petition says.

"This fall was caused by the negligence of store management in failing to properly maintain the floors in a safe condition and creating a hazard to all patrons."

The Garcias further explain that Beth Garcia struck the door jam leading into the play area and the floor, adding "911 had to be called."

League City emergency responders transported her to the nearby Clear Lake Regional Hospital where physicians determined she dislocated her right shoulder and fractured her right humerus.

Beth Garcia then underwent a procedure to reduce the dislocation of her shoulder and decrease the distraction of the fracture to her humerus, the suit says.

Consequently, the couple seeks unspecified monetary damages.

They are represented by attorney Robert A. Swofford of Collins, O'Neal & Swofford, PLLC in League City.

The case has been assigned to Galveston County 405th District Court Judge Michelle Slaughter.

Case No. 13-CV-1157