Cracker Barrel sued after patron trips over uneven concrete

Michelle Keahey Aug. 22, 2011, 2:00am

A Hammond restaurant is being sued after a Tangipahoa resident tripped and fell over uneven concrete breaking his ankle.

Joel Diejoia Jr. filed suit against Cracker Barrel Old Country Store Inc. and XYZ Insurance on July 15 in the Tangipahoa Parish. The defendant removed the case to federal court in New Orleans.

The incident occurred on July 11, 2010 as Diejoia was exiting his car to enter Cracker Barrel Oil Country Store to eat. He states he slipped and fell on cracked and broken concrete in the parking lot of Cracker Barrel in Hammond.

The defendant is accused of negligence for failing to keep the parking lot in a safe condition, allowing the parking lot to become cracked and broken and uneven and to remain as a hazard and state of "trap," failing to employ the necessary precautions to insure the safe conditions of the parking lot, failing to properly maintain the premises in a safe condition, failing to correct a hazard resulting from a defect and uneven surface of its parking lot, failing to provide notice of unsafe condition and failing to provide even ground to avoid an unsafe condition.

The plaintiff is seeking damages for physical injuries, medical expenses, physical pain, mental anguish and distress, loss of consortium, vocational and physical therapy, interest and court costs.

Diejoia is represented by John H. Musser, IV in Covington.

Case No. 2:11-cv-02023

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