Peanut shell slip-and-fall jury verdict nearly $200,000

On Oct. 23, a 146th District Court jury in Bell County returned a $193,500 verdict against Texas Roadhouse in favor of Angela Bishoff, who alleged that she fractured her left knee cap when she slipped and fell on a peanut dropped on the floor at the restaurant’s Temple location in 2006. Vic Feazell, Bishoff’s attorney, says Judge Rick Morris will cut in half the verdict in Bishoff v. Roadhouse of Temple, et al., because the jury assigned 50 percent of the liability for Bishoff’s injury to her. As noted in Bishoff’s third amended petition, filed in August, Bishoff was wearing high-heeled shoes when she slipped and fell. Mark Stratton, the Texas Roadhouse’s attorney and a partner in Shannon, Gracey, Ratliff & Miller in Austin, says, “Texas Roadhouse, of course, respects the jury’s verdict but feels that they were wrong . . . We felt it was an open and obvious condition that wasn’t dangerous.” Feazell, senior partner in the Law Offices of Vic Feazell in Austin and Waco, writes in an e-mail, “Even though the shells may have been open and obvious, Ms. Bishoff did not have an appreciation that they could be dangerous.” Feazell and Stratton agree on one thing: This is the first slip-and-fall verdict against Texas Roadhouse, which, according to Bishoff’s third amended petition, allows patrons to throw peanut shells on the floors of its restaurants.   
-- Mary Alice Robbins

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