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Cracker Barrel patrons allege waiter dropped plate, fractured wife's toe

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

Cracker Barrel patrons allege waiter dropped plate, fractured wife's toe

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GALVESTON – A League City couple alleges the wife was injured when a waiter dropped a plate on her toe at a restaurant.

Betty Murphy and Gary Murphy filed a complaint on Sept. 22 in the Galveston County District Court against Cracker Barrel Inc., Cracker Barrel Old Country Store, et al. alleging negligence.

According to the complaint, the plaintiffs allege that on Dec. 20, 2015, Betty Murphy and Gary Murphy were eating breakfast at defendants' restaurant when a waiter dropped a plate on Betty Murphy's big toe, causing a persisting fracture beneath its nail bed. 

The plaintiffs hold Cracker Barrel Inc., Cracker Barrel Old Country Store, et al. responsible because the defendants allegedly breached a duty of care through their employee by a failure to control foot items within the employee's possession.

The plaintiffs seek actual and punitive damages, pre- and post-judgment interest, costs of court and such other and further relief. They are represented by Seth Mitchell Park and Alton C. Todd of The Law Firm of Alton C. Todd in Friendswood.

Galveston County District Court case number CV-0079668

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