Discovery is now underway in a lawsuit brought by Danny Stilley, who sued Kampus Korner blaming a “busy carpet pattern” as the reason why he tripped and fell at the local restaurant.
As previously reported, Stilley filed suit against Kampus Korner Restaurant on Aug. 14 in Jefferson County District Court.
Court records show that on Oct. 22 a certificate of discovery was filed, showing that the plaintiff served the defendant with his interrogatories, request for production and request for disclosure.
Court records further show Bobby Patel, owner of the restaurant, answered the suit on Aug. 30, denying all of the plaintiffs’ allegations and demanding strict proof.
According to the lawsuit, on Feb. 4, 2012, Stilley was a patron at the restaurant, located near the Lamar University campus. He purchased a cup of coffee and was instructed to go sit at an elevated section of the diner.
Stilley sat at his table for some time and when he got up he failed to “detect the change in floor elevation and tripped,” hitting the ground and knocking himself unconscious.
“The elevated area was covered with a carpet with a busy pattern,” the suit states. “Due to the very busy pattern on the carpet, it is difficult to detect the rise in elevation.”
The suit asserts the defendant should haven known that the excessive pattern on the carpet obscured patrons’ abilities to detect the step and that it confuses the eye.
The suit further alleges there were no warning signs of the dangerous condition.
Stilley is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages.
Beaumont attorney Eric Laskowski of the Lewis Law Firm represents the plaintiff.
The defendant is represented by James Harris Jr., attorney for the Beaumont law firm Harris, Duesler & Hatfield.
Judge Donald Floyd, 172nd District Court, is assigned to the case.
Case No. E194-634