Woman Sues Original Henry's After Slip at Restaurant

SAN ANGELO, TX — The Original Henry’s is disputing liability in a slip-and-fall lawsuit filed by a Tom Green County woman, arguing in new court filings that the floor condition she alleges caused her April injury was “open and obvious” and did not create an unreasonable risk to customers.

The lawsuit, filed June 27 by plaintiff Martha Ramirez, claims she was walking through the dining area of the restaurant at 3015 Sherwood Way on April 5 when she slipped because of a "hazardous condition," fell, and suffered a traumatic head injury. Ramirez is seeking between $250,000 and $1 million in damages.

In an amended answer filed Oct. 31, Enrique’s Inc., doing business as The Original Henry’s, issued a general denial and asserted several affirmative defenses. The restaurant argues the alleged condition did not pose an unreasonable risk and claims Ramirez’s injuries were caused entirely — or at least in part — by her own negligence. The filing also states the business did not act with fraud, malice or gross negligence, disputing her request for exemplary damages.

Defense attorneys further argue that any award of punitive damages would violate constitutional protections under both the U.S. and Texas constitutions, and that any recovery for medical expenses or lost earnings must comply with limits established under Texas law.

Ramirez’s original petition alleges there were no warnings or barriers alerting customers to the hazard and that the restaurant failed to maintain safe premises, inspect for dangerous conditions, or properly train employees.

Both sides have requested a jury trial. Court records show the case is currently set on the dismissal docket for Dec. 9 at 3 p.m. before Judge Jay Weatherby.

This article reflects the current filings. The court has not ruled on the claims.