Katy restaurant patron alleges uneven surface in parking lot caused fall

By Noddy A. Fernandez | Jul 26, 2017

HOUSTON – A Fort Bend County man alleges he needed surgery after a fall at a Katy restaurant.

Michael A. Gutierrez filed a complaint on May 10 in the Harris County Circuit Court against BB's Cafe Services LP and Boz Partners LLC alleging negligence.

According to the complaint, the plaintiff alleges that on March 4, 2017, after having a dinner at the defendants' restaurant, plaintiff and his family returned to his vehicle in the parking lot when his right foot met with a hidden, uneven surface. The surface allegedly caused him to lose balance, slip and fall. The suit states he was transported to the emergency room and learned he suffered a fracture of the distal end of his fibula and left ankle joint.

The plaintiff holds BB's Cafe Services LP and Boz Partners LLC responsible because the defendants allegedly failed to inspect the area, failed to warn customers of the dangerous condition and failed to cure/repair the dangerous condition.

The plaintiff seeks judgment for actual, special and consequential damages, pre- and post-judgment interest, costs of court, and such other and further relief to which plaintiff may be entitled at law or in equity. He is represented by Rodney J. Cappel of The Smith Law Firm in Houston.

Harris County Circuit Court case number 2017-31477

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