Texas Woman Seeks $1M After Slipping on Nut Shells

July 29, 2013

  • July 29, 2013 at 1:29 pm
    nuttylady says:
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    Isn’t this assumed liability, similar to a baseball hitting you in the face at a baseball game?

  • July 29, 2013 at 1:37 pm
    Snoop Dog says:
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    Deeeeeeez nutz!

  • July 29, 2013 at 1:50 pm
    Libby says:
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    They’ve quit doing that at the Texas Roadhouse we go to. You now get an empty bucket to put your shells in. I wondered if a slip and fall was the reason behind it.

    • July 29, 2013 at 2:14 pm
      TX Agent says:
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      Location is everything. Looks like this is in Mclain county which we call this “the valley”. Suites in this area are 10 to 20 times the normal as lawyers down there get away with it….You see this in LA, Alabama and other parts of the country. My guess is that is why the carrier for Tx Roadhouse moved this out of there.

    • July 29, 2013 at 2:29 pm
      Agent says:
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      Professional claimants abound. They will try anything anymore. I insure a Mexican Restaurant chain. Once, they had a female customer who had a young active boy. The mother had no control over him and let him run loose in the restaurant and had no idea where he was or what he was doing. The boy went to the lobby, climbed up on a ceramic cactus, fell off and broke his arm and then wanted the restaurant to pay for it. Apparently, it was an attractive nuisance and the company paid for it under Medical Payments. Lucky it wasn’t a liability claim. The restaurant then removed anything that could be climbed on.

      • July 29, 2013 at 8:06 pm
        jw says:
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        I missed my chance! I fell on peanut shells at a Logan’s Roadhouse (several years ago) and all I got was a free beer to go with my mortification.

  • July 29, 2013 at 2:29 pm
    Pedro says:
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    This would be in Hidalgo County, also known in the past as a “judicial hellhole”.

  • July 29, 2013 at 2:31 pm
    Jon says:
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    Ever since the Texas Roadhouse opened up by us (4-5 years ago?) they were using the little “shell pails.”

    Seriously, though–if she was at all a “regular” patron of the resteraunt, she was aware of the potential hazard, and it becomes an assumption of risk.

    Now if she had never stepped foot in the place before? Maybe her lawyer might have a chance in hell of proving something, or getting some kind of settlement offer.

    But I doubt it. This is just as ludicrous as the McDonald’s hot coffee suit of years ago.

    • July 29, 2013 at 3:53 pm
      GINGERSNAP says:
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      Yeah, she won nearly 3 million!

    • July 30, 2013 at 11:01 am
      ExciteBiker says:
      Hot debate. What do you think?
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      Jon, I encourage you to research the facts of the hot coffee case. The actual settlement I believe is sealed and not known. I was one of those that thought of the hot coffee thing as an absurd award type of case, but if you read all of the facts and documentations you may also think otherwise. Coffee was routinely superheated well above normal ‘hot coffee’ temps, and if you will recall the old style coffee go cups from McDs were these thin little flimsy things. If you go to McD’s now you get a steaming hot cup of coffee in a stiff walled cup. Back then you got a cup of boiling hot coffee in a paper cup. Burn injuries were also much worse than you’d think.

      • July 30, 2013 at 12:43 pm
        jw says:
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        While all that may be true, the fact that McDonalds’ attorney was a pompus jerk encouraged that jury to rule against McDonalds.

      • July 30, 2013 at 3:43 pm
        Jon says:
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        I read the information surrounding the case, and what followed.

        McDonald’s did not reduce the temp of their coffee, and in fact, that temperature falls within industry standards.

        Several other suits were tried for the same thing and were dismissed.

        Yes, it’s sad she was hurt. And yes, I think the lawsuit was frivolous.

      • July 31, 2013 at 11:35 am
        T Johnson says:
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        The coffee spilled because of her out of control grandson’s who cause it to spill because of the lack of parental control and discipline

        • July 31, 2013 at 2:06 pm
          Libby says:
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          Were you there?

      • August 2, 2013 at 6:01 pm
        Don't Call Me Shirley says:
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        Interesting side note: As a result of the notoriety of this case, someone has come up with “The Stella Awards” (there’s a website), which showcases some very unusual/frivolous lawsuits.

        • August 5, 2013 at 10:08 am
          Libby says:
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          On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald’s restaurant located at 5001 Gibson Boulevard S.E. Liebeck was in the passenger’s seat of her grandson’s Ford Probe, which didn’t have cup holders, and her grandson Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.[9] Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.[10]

          Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent.[11] She remained in the hospital for eight days while she underwent skin grafting. During this period, Liebeck lost 20 pounds (9 kg, nearly 20% of her body weight), reducing her down to 83 pounds (38 kg).[12] Two years of medical treatment followed.

          • August 6, 2013 at 2:43 pm
            Ben says:
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            McDonald’s Coffee price has doubled since then!

  • July 29, 2013 at 2:48 pm
    Sam Bowe says:
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    Sick of folks like this who look to “score” on phone claims and also of the Law profession that encourages this. Frivolous lawsuits cost this country far too much, need a “loser pays” system.

  • July 29, 2013 at 3:01 pm
    Huh! says:
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    I’m with the “assumption of risk” argument and will also say that Amelia should not only have paid attention to where she was, but also what she was doing. The peanut-laden floors I’ve seen all have clear walkways — the peanuts tend to stay close to the tables.

  • July 29, 2013 at 3:17 pm
    Companyman says:
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    Years ago I worked at a local restaurant/bar that did this same thing. For years it was a common practice and supposedly beneficial if you had wooden floors. (The peanut oils would get ground into the floor). As we have all seen before this is just someone who fell on their butt and now wants to make some money off the situation because she was embarassed and has a bruised behind along with her ego. I’m sure she had someone pushing her to make a few easy insurance claim bucks. Personally I think she is NUTS!

  • July 29, 2013 at 3:51 pm
    InsGuy says:
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    My location as well has pails at the tables. But, I suspect that this lady fell in the waiting area.

    My location also provides barrels of peanuts in the waiting areas with no receptacles for shells. They do accumulate on the floors, but it is a known entity for any that have been there.

  • July 29, 2013 at 4:53 pm
    Hannah Katz says:
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    I am curious if she actually broke any bones or pulled any ligaments. Or is this just her way of feining injury and obtaining a tidy settlement for herself and her favorite plaintiff lawyer.

    • July 29, 2013 at 5:10 pm
      Agent says:
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      They will also sue for a broken tooth alleging there is a rock in the food. Most of these people have rotten teeth and use this scam to get some dental work done. We have an entitlement society now and it is always the business owners fault even if it is not their fault.

  • July 29, 2013 at 6:19 pm
    Baxtor says:
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    I wonder who she would have sued if she slipped on a rock that was outside in the parking lot? God? The Bird that kicked it off the curb? Or the restaurant for not having someone outside making sure there was nothing to slip on. I would be interested in hearing the case, but it looks like Texas Roadhouse has it handled. Taking it to a jury trial makes it sound like they may have more info on how she actually fell. If she loses, she should be banned from all Texas Roadhouse locations.

    • July 30, 2013 at 3:14 pm
      Karen says:
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      If she loses, she should also have to pay all of Texas Roadhouse’s attorney fees and court costs.

  • July 30, 2013 at 2:24 pm
    Procrap says:
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    People must read the facts before passing judgment…Like stated early. Research the McDonald’s case. Everything the Media was putting out was false. Just to pass their cap laws. The lady wasn’t driving or in the drivers seat as reported and looked like she had just escaped a car fire. Besides, The State probably has a Capped amount and 60% of the winnings go to the state anyways. Almost all states have this now. It could be a scam, or not. I would like to see the injuries and facts on how it happened.

  • July 30, 2013 at 2:49 pm
    Captain Planet says:
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    “Hey, like, we found this mouse in our beer, eh…”

    • August 5, 2013 at 9:23 am
      Bob-n-Doug says:
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      We’ll take a two-four of Elsinore



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