Restaurant Not Dangerous

Houston, Texas (PRWeb) June 29, 2006 — The Joe’s Crab Shack on the North Freeway prevailed at trial in a lawsuit alleging a step down area to its bar and patio was unreasonably dangerous because of an exposed wire. An injured patron brought suit claiming she and two friends were lead down a series of steps by the host, but were not warned to watch their step. The patron alleged she caught her foot on an exposed speaker wire and fell, breaking her hip. The patron underwent a total hip replacement and rehabilitation and claimed she could no longer work. The lawsuit sought recovery for medical expenses, loss of earning capacity, pain and suffering, mental anguish and physical impairment.

The plaintiff called several witnesses and submitted photographs of the scene showing a wire at the base of one of the steps. The jury also heard from a vocational rehabilitation expert and economist who testified the plaintiff was incapable of working and had incurred almost two hundred thousand dollars in lost income and medical expenses.

During the defense phase of the trial, the jury heard evidence of the numerous safety precautions Joe’s has in place including conspicuous caution signs, a hand rail on the steps, and bright yellow lines marking the step-off points. The jury also heard from the restaurant manager who described the twice-daily inspection process at the beginning and end of each shift. The defense also presented evidence of numerous prior conflicting statements the plaintiff made that she simply missed a step and was not looking where she was going.

Following a weeklong trial the jury returned a verdict by a vote of 11-1 that the restaurant’s premises were not dangerous. After the verdict, several jury members explained that they did not believe the plaintiff tripped on a wire and that the fall was simply an accident. Plaintiff is not appealing the verdict.

For further information about this case, you may reach the attorney who successfully defended Joe’s Crab Shack, Mr. Ed Perkins at 713-951-1004, or visit www.sswpc.com.

Author: Ed Perkins
Phone: (713) 951-1004
Fax: (713) 951-1199