GALVESTON – Discovery is now underway in a slip and fall suit brought by a Galveston County woman against a fast-food chain restaurant for alleged liability in 2013.
Tammy McDaniels filed a complaint against MZK Enterprises (Jack in the Box) on May 7 in Galveston County District Court, claiming personal injuries in an October 2013 incident.
Court records show the last filing in the case came on June 24, a certificate of discovery showing the plaintiff had served the defendant with requests for disclosure and production and interrogatories.
Court records also show that the fast food restaurant answered the complaint on June 16, arguing that McDaniels failed to exercise the degree of care of an ordinarily prudent person under the same circumstances.
The lawsuit states that McDaniels entered the defendant’s premises at 2101 Ninth Ave. N., in Texas City, on Oct. 14, 2013. When she approached the counter to order food, she slipped on a wet substance and fell to the floor, according to the complaint.
McDaniels claims that her injuries ensued as a result of the defendant’s negligence in failing to prevent, remedy and warn patrons of the hazardous condition.
The grievance cites the defendant for failure to maintain the floor in a reasonably safe condition, to inspect it, remove the liquid substance and give warning to the plaintiff of the unsafe condition.
Citing past and future physical pain, suffering and mental anguish, medical expenses, lost wages and earning capacity and impairment, McDaniels requests compensation in an amount between $100,000 and $200,000; pre- and post-judgment interest; attorneys' fees; expenses and costs.
John J. Kahn Jr. and Jennifer Kahn of the Kahn Law Firm in Pearland represent her.
Jack in the Box is represented by Bonnie Rogers of the Law Offices of Kilpatrick, White & Deas in Houston.
Galveston County District Court case no. 15-CV-0463