Chili's restaurant sued after patron trips over uneven cement

Michelle Keahey Nov. 7, 2012, 3:55am

NEW ORLEANS - A Houma Chili's Grill & Bar is being sued by a patron who claims she tripped and fell over uneven cement causing her to exacerbate a preexisting injury to her knee.

Ella Thompson filed suit against Brinker Louisiana Inc. d/b/a Chili's Grill & Bar on Sept. 12 in Terrebonne Parish District Court. The defendant removed the case to federal court in New Orleans on Oct. 3.
The alleged incident occurred on Sept. 15, 2011 as Thompson was a patron at the Chili's Grill & Bar located in Houma. She had called in an order and went into the restaurant to pick up her food. As she exited the restaurant, she tripped and fell on an uneven cement slab right outside of the restaurant, which resulted in personal injuries.

According to the lawsuit, the fall exacerbated a pre-existing left knee condition, which resulted in additional treatment and surgery.
The defendants are accused of negligence for failing to warn patrons of reasonable or foreseeable hazards, failing to construct/maintain the premises in a reasonably safe condition at all times, failing to use ordinary care in the construction/maintenance of the premises, failing to routinely and carefully inspect the business premises, for failing to take the necessary precautions to avoid incident, and strictly liable for ruin of the building.

The plaintiff is seeking an award of damages for mental pain and anguish, physical pain and suffering, loss of function, medical expenses, loss of enjoyment of life, interest, and court costs.

Thompson is represented by Michael J. Begoun, Mark R. Wolfe, T. Daniel Pick, and Nancy S. Silbert of Wolfe, Begoun & Pick in New Orleans.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:12-cv-02435

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