Trial Magazine

Debra Penn, 53, worked at a gas station convenience store attached to a Jack in the Box restaurant. While walking near a dumpster the two businesses shared, she slipped and fell on grease that had accumulated around the dumpster. She suffered a herniated disk at L4-5 and other lumbar spinal injuries. After receiving an injection, she underwent a laminectomy and later, a second spinal surgery. She has developed nerve entrapment at L4-5, which causes her continuing pain. Her medical expenses were approximately $173,000.

Penn sued franchisee TLIG Restaurants LLC, alleging it negligently failed to properly dispose of its grease and created an unreasonably dangerous condition after the restaurant’s grease trap stopped working. The plaintiff asserted that the defendant’s manager instructed employees to dump grease into a bag, freeze it overnight, and then dispose of the bag in the dumpster or outside the dumpster in a box. Suit also alleged Waste Management of Texas, Inc., was liable for picking up nonconforming waste and allowing the restaurant to dispose of grease in this manner. Suit did not claim lost income.

The plaintiff settled her claims with Waste Management at mediation for a confidential sum. TLIG stipulated as to liability, and a jury awarded more than $1.63 million.

Citation: Penn v. TLIG Restaurants LLC, No. 201676128 (Tex. Dist. Ct. Harris Cty. June 28, 2019).

Plaintiff counsel: AAJ members Brian H. Crockett and Cristobal Galindo, both of Houston.

Plaintiff experts: Larry Pollock, neuropsychology, David Axelrad, psychiatry, and Kenneth Lehrer, economics, all of Houston; Ted Deshotels, life care planning, Lafayette, La.; and Michael Freeman, epidemiology, Salem, Ore.