BEAUMONT – Heated discovery issues are cropping up in litigation brought against Olive Garden, a wrongful death lawsuit alleging a woman tripped over “un-level sidewalk” and broke her neck.
Seeking more than $1 million in damages, the family of the late Rose Bruton filed suit against Olive Garden last January.
According to the lawsuit, on Oct. 19, 2016, Bruton visited the Beaumont Olive Garden off of I-10. After exiting her vehicle, she walked across the parking lot to the restaurant’s “designated” sidewalk leading to the entrance.
“As … Bruton walked along the sidewalk, suddenly and without warning, she caught her toe and tripped on an elevated and un-level sidewalk, causing her to fall to the ground,” the suit states.
“Bruton landed violently on the ground face-first. As a result of the fall, Bruton broke her neck and sustained other serious personal injuries requiring extensive surgery and operations.”
Bruton was partially paralyzed from the fall and died two weeks later on Oct. 31, 2016.
The suit accuses Olive Garden of failing to inspect and maintain its premises and warn customers of the dangerous condition.
With a trial looming next month, discovery issues have begun to transpire it seems.
Court records show that last month the plaintiffs filed a motion to show cause as two why Olive Garden should not be held in contempt for failure to timely comply with an order to produce a privilege log issued by the court.
More recently, on May 3, the plaintiffs filed a motion to compel production of unredacted emails – a motion that also seeks sanctions.
Olive Garden contends the redacted emails are protected by attorney-client doctrines.
The plaintiffs are represented by Nathan Brandimarte, attorney for the Beaumont law firm Orgain Bell & Tucker.
Olive Garden is represented by Jeffrey Wolf, attorney for the Houston law firm Norton Rose Fulbright US LLP.
Judge Kent Walston, 58th District Court, has been assigned to the case.
Case No. A-199447