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SOUTHEAST TEXAS RECORD

Thursday, October 24, 2024

Plaintiff alleges restaurant chain's negligence led to serious injury

State Court
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In a gripping legal confrontation, an individual has filed a lawsuit against two prominent businesses, alleging negligence that resulted in severe personal injuries. On October 11, 2024, Rocke Felts lodged a complaint in the District Court of Harris County, Texas, targeting BJ’s Restaurants, Inc. and A-L 95B-FM 306, L.P. The plaintiff claims that these entities are responsible for maintaining a hazardous parking lot condition that led to his debilitating fall.

The case revolves around an incident on January 27, 2023, when Rocke Felts was traversing the parking lot owned by the defendants at their New Braunfels location. According to the petition, Felts tripped over an uneven surface in the parking area which was allegedly poorly maintained by BJ’s Restaurants and A-L 95B-FM 306. This unfortunate event caused him to suffer significant injuries to his head and body. The plaintiff asserts that these injuries were directly caused by the negligent conduct of both companies.

Felts’ lawsuit accuses the defendants of premises liability and gross negligence. He argues that as an invitee on their property, he was owed a duty of care to be protected from known or discoverable dangerous conditions. "The unleveled surface posed an unreasonable risk," states the petition, highlighting that the defendants should have been aware of this hazard yet failed to address it or warn patrons like Felts. Furthermore, under the doctrine of respondeat superior, Felts holds BJ’s Restaurants and A-L 95B-FM accountable for their employees' actions during this incident.

Seeking justice and compensation for his ordeal, Felts demands unliquidated damages exceeding $1 million. His claims include physical pain and suffering, loss of wages and earning capacity, disfigurement, impairment, and medical expenses incurred due to his injuries. Additionally, he seeks exemplary damages citing gross negligence under Texas Civil Practice & Remedies Code §41.003(a), emphasizing that the defendants acted with conscious indifference towards his safety.

Representing Rocke Felts is attorney Bryan Schoeppey from Villarreal & Begum PLLC based in San Antonio. The case is presided over by Judge Jonathan Vela in Harris County's 234th District Court under Case ID: 2024-71016.

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