SE Texas Record

Tuesday, July 23, 2019

Patron sues Wendy’s, alleging negligence for fall

By Carol Ostrow | Oct 5, 2015

A Matagorda County woman is suing Wendy's, alleging premises liability in a trip and fall accident that the plaintiff says caused severe injuries.

Syrvilla Wilson filed a lawsuit Sept. 23 in Galveston County District Court against CS Restaurants Inc., doing business as Wendy’s in Texas City, alleging negligence in a 2013 incident involving a fall.

According to the complaint, on Oct. 28, 2013, Wilson was at the 2805 Palmer Highway location of Wendy’s when she fell "in a cracked area" of the restaurant. The suit says the plaintiff suffered “all legal elements of damages recognized by law,” including physical pain, mental anguish, impairment, disfigurement, lost wages and earning capacity, loss of ability to perform household services, and “reasonable and necessary” medical expenses from the fall.

The complaint charges the defendant with breach of duty of care in failing to inspect the premises for and remedy dangerous conditions, in having created these conditions, and in failing to warn patrons of the hazard. The lawsuit states the company’s acts were both of omission and commission, constituting negligence and gross negligence.

Wilson seeks more than $101,000, pre- and post-judgment interest, attorney fees, expenses, costs and whatever other relief the court deems appropriate. She is represented by attorney Robert Rice of Rice & Sanes in Angleton.

Galveston County District Court case number 15-CV-1020.

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