PHILADELPHIA – A Philadelphia couple allege that a Bensalem location of the Texas Roadhouse restaurant chain was negligent in the conduct of its employees, leading the husband-plaintiff to be struck with a serving tray, fall and suffer a severe back injury.
Willie Jones and Tamika Jones of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 27 versus Texas Roadhouse Holdings, LLC, of Louisville, Ky.
“At all times material hereto, defendant owned, maintained, and/or controlled a ‘Texas Roadhouse’ restaurant located at 1545 Street Road, Bensalem, PA 19020. At all times material hereto, defendant, acted and failed to act by and through it duly-authorized agents, servants, workers and employees, including but not limited to, the employee that struck Mr. Jones with a serving tray. On July 2, 2022, Mr. Jones, then age 60, was a patron, and business invitee, at defendant’s restaurant located at 1545 Street Road, Bensalem, PA 19020. On that date, Mr. Jones was standing in the busy lobby, waiting to be seated,” the suit says.
“While at the restaurant, a female employee of the defendant carelessly and negligently approached Mr. Jones from behind, while attempting to make her way through the crowded lobby. Suddenly and without warning, the defendant’s employee struck Mr. Jones from behind, knocking him to the ground. Defendant’s employee also fell to the ground after the impact. Plaintiffs do not know the name of defendant’s employee, but reported the accident to the manager on duty.”
The suit adds that Bethanie Cantrell, a Compensation and Stock Coordinator employed by the defendant, sent a postcard to Mr. Jones on or about Aug. 16, 2022, acknowledging that the defendant was on notice of the accident.
“Mr. Jones presented to the Lankenau/Main Line Health Emergency Room shortly after the accident, complaining of left knee and low back pain that was constant, which worsened with movement. Mr. Jones, who had a prior history of back pain requiring epidurals, had his pre-existing back condition severely aggravated by the accident and his fall. Mr. Jones has treated with Temple University Hospital Neurosurgery, Temple University Hospital Pain Management, Ivy Rehab Physical Therapy and Mercy Home Health, in an effort to cure the pain caused by defendant’s employee and the accident,” the suit states.
“Mr. Jones underwent a lumbar steroid injection after the accident, in an effort to cure the pain caused by defendant’s employee and the accident. At the time of the accident, Mr. Jones was in chronic kidney failure and underwent regular dialysis. As such, Mr. Jones was unable to take pain medication for the pain he rated as ‘shooting and stabbing’ and an 8-10/10 VAS.”
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of $75,000, together with delay damages and any other amounts to which they are entitled under the law.
The plaintiffs are represented by Kevin M. Blake of Smith Mirabella Blake, in Philadelphia.
The defendant is represented by Jennifer Glazer Shorr of Weber Gallagher Simpson Stapleton Fires & Newby, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01295
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com