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SOUTHEAST TEXAS RECORD

Tuesday, November 5, 2024

Harris County Resident Sues Restaurant Chain Over Severe Injuries from Fall

State Court
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A Harris County resident has filed a lawsuit against a well-known restaurant chain, alleging negligence and premises liability after suffering severe injuries from a fall. Misty Lavoi lodged the complaint against Texas Roadhouse Holdings, LLC in the District Court of Harris County on August 28, 2024.

According to the court documents, Lavoi was dining at the Texas Roadhouse located at 13345 FM 1960 West in Houston on February 2, 2024. After finishing her meal and while exiting the establishment via a ramp near the entrance, she unexpectedly slipped and fell due to liquid on the ramp and non-slip resistant paint. The incident was witnessed by her husband and other patrons. Lavoi claims that Texas Roadhouse failed to provide any physical or verbal warnings about these hazardous conditions.

The plaintiff asserts that she exercised ordinary care during her visit and did not contribute to her fall or subsequent injuries. As a result of this incident, Lavoi suffered severe injuries requiring hospitalization, surgery, rehabilitation, and resulting in permanent disfigurement and impairment. She alleges that Texas Roadhouse was negligent in maintaining safe premises for its customers.

Lavoi's petition outlines several accusations against Texas Roadhouse including failing to provide a safe walkway and ramp, failing to maintain these areas properly, neglecting to inspect them adequately, allowing dangerous conditions to persist for an unreasonable length of time, creating such dangerous conditions themselves, failing to warn customers about these hazards adequately, and lacking reasonable policies or procedures to prevent such incidents.

Furthermore, Lavoi argues that Texas Roadhouse is liable under the doctrine of respondeat superior as the actions or omissions leading to her injuries were carried out by employees acting within their scope of employment. She contends that all conditions precedent necessary for her right to recover damages have been met.

In terms of relief sought from the court, Lavoi requests monetary compensation for past and future pain and anguish, medical expenses incurred both previously and anticipated in the future, loss of wages both past and future potential earnings capacity loss due to physical impairment experienced both historically and expected moving forward as well as disfigurement suffered already along with any future implications thereof. Although she does not specify an exact amount sought for these damages initially relying instead upon jury discretion based on evidence presented; however complying with procedural requirements states seeking less than $75k but reserves right amend should new evidence suggest otherwise.

Represented by attorney Patrick M Primavera from Law Offices Of Patrick Primavera located Magnolia TX; this case will be presided over Judge assigned under Case ID number 2024-57606 within jurisdictional purview District Court Harris County Texas.

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