PITTSBURGH — Texas Roadhouse has filed a pre-trial statement in its defense in a Pittsburgh lawsuit from a patron who claims she was injured after falling at one of their locations.
Lois Schlieper was at the Bridgeville location of Texas Roadhouse with her husband on April 22, 2017. When the couple proceeded to leave, Schlieper followed her husband towards the door but ended up slipping and falling.
The reason for the fall has been put into question as she initially stated it was water on the floor that caused her to fall. Yet, later she stated it was peanut shells on the floor, as noted by the defense in their pre-trial statement filed at the Court of Common Pleas of Allegheny County.
“Plaintiff originally reported at the time of the fall that she slipped on water and fell. Later, when she filed the complaint, she claimed that she slipped on some discarded peanut shells on the floor,” the defendant’s statement claimed.
However, the defendant stated two eyewitnesses to the incident did not support Schlieper’s claims.
“Eyewitnesses, Donna DiVittorio and Patty Jo Davis -- who have no connection to any party in the case -- will testify that they were dining near the fall and looked on the floor after Mrs. Schlieper got up and saw nothing on the floor which could have caused to her fall. As such, there is no basis to hold the Texas Roadhouse liable,” according to the pre-trial statement.
In total, there are five witnesses listed in the defendant’s statement including DiVittorio, Jo Davis, Patrick Martin of the Texas Roadhouse, and Lois and John Schlieper.
The defendant’s also called into question the cause behind her injuries in their pre-trial statement.
“The medical evidence will show that, at most, plaintiff sustained a mild right knee sprain and that she had a pre-existing right knee degenerative joint disease (DJD) for a least a year prior to her fall which was not affected by the accident and for which she had most if not all her treatment,” the defendant’s pre-trial statement noted.
According to the statement, the defense is reserving the right to call any rebuttal or surrebuttal witnesses or to supplement or amend the witness list up to and including the time of trial.
Schlieper is seeking over $35,000 for her injuries. A trial jury has been requested and is set for March 25.
When the lawsuit was first filed, the owners of the restaurant filed an answer in which they disputed some of the accusations in the complaint. In their answer to the court, the defendants demanded judgment in their favor.
Essentially, Schlieper alleges that her fall and injuries were caused by the negligence and/or carelessness of the restaurant owners and operators.
The Texas Roadhouse and Texas Roadhouse Holdings are being represented by Scott Redman from the Law Office of James Andrews Jr. in Wexford.