Katy Couple Sues Restaurant Over a Splinter. Yes, a Splinter

Categories: News

splinter.gif
We could sort of understand if this was the kind of Splinter that was the subject of a lawsuit...
One can only imagine that Texans for Lawsuit Reform will have a field day with the tale of of Jesus and Cynthia Montalvo of Katy, and of the splinter that very nearly tore their lives apart.

In a suit they self-filed in Harris County District Court last week, the Montalvos detail how a night that was supposed to be filled with joy and reasonably priced chain-restaurant fare at Texas Roadhouse suddenly took a dangerous turn for the worse.

The couple, along with their young son, had just finished their meal -- a celebration of their wedding anniversary -- when Cynthia, without even giving it a second thought, tried to open the door on her way out.

"The door was a made of rough wood and was not properly finished but maintain a rustic look," the suit articulately explains, before going on to state elsewhere that the floor by the door was littered with peanuts. "As a result of the door not being properly finished, and combined with poor lighting, in that area, splinters protruding on the door were not seen by [Cynthia] and she embedded a splitter underneath her fingernail when she pushed the door open.[sic] The splinter immediately caused excruciated pain, [Cynthia] began to scream in pain and jumping up and down, she was holding the injured hand while doing this...this injury necessitated that [Cynthia] be immediately taken to the hospital for emergency care."

Which, of course, sounds perfectly reasonable by any standard. But when we tried to get more information from Jesus Montalvo, like how long his wife's Regarding Henry-like recovery must have been, or how much blood was spilled on that peanut-strewn floor, Montalvo shut us down and referred us to the suit.

The suit claims that "the plaintiff was taken to the emergency room, where her finger was injected with needles, cut open, squeezed and causing more pain in order to remove the splinter. Although some of the splinter was removed, [Cynthia] feels that there is still wood imbedded in her finger, but due to the fear of further pain, she is terrified of the prospect of having to go through that medical procedure again. Consequently, [Cynthia] has difficulty typing, and doing many of the household shores, and even driving causes her pain and discomfort" [sic]). (Based on that last sentence, we totally believe the "difficulty typing" part).

Reached in Hawaii where they were celebrating their anniversary on peanut-free beaches, Jesus explained that, "It's not a major injury, but it was a tremendous amount of pain...and it's really causing her, you know, problems. She's a secretary and she uses her hands, you know, to type and do all kinds of stuff like that."

But then he grew suspicious of Hair Balls' questions, saying "you sound like an attorney more than a reporter." For a moment, we thought maybe we misunderstood, and by "splinter," the Montalvos meant "foot-long steel spike through the eyeball," and when we tried to understand why something short of that would necessitate a trip to the ER, Montalvo told us, "Because you weren't the one that got a splinter stuck behind your fingernail...almost half an inch, you know, in length. That's very, very, very, very painful."

Before slamming down the phone, Montalvo once again voiced his concern that we were "pro-Texas Roadhouse." [Note: we are Texas Roadhouse-neutral, but we're staunchly anti-douche].

Besides the typical past/future physical pain and suffering, the Montalvos are seeking $148,800 in damages for "disfigurement in the past" and disfigurement that, "in reasonable probabilty," Cynthia will suffer in the future.

Adding an unexpected "ick" factor to the proceedings, the couple is also suing for "loss of consortium" -- legalese for "not able to get it on" -- on behalf of Jesus, which makes us wonder just exactly what the fuck went on in the Montalvos' bedroom before the splinter.

The Montalvos share their Katy address with a company called Shoot Back Concealed Handgun License, whose sole instructor is "Jay Montalvo, a retired, 24 year veteran HPD, and now a Pct 6 Deputy Investigator...." The site also states that Montalvo was an Army major and ROTC instructor at the University of Houston. (If you sign up for a class by March 26, you'll get a free 10,000-volt stun gun, presumably to ward off splinter-weilding rapists).

The site's registry information lists Jay Montalvo's number as the same number the Montalvos include in paperwork filed with their lawsuit.

The Montalvos are seeking a jury trial. We hope, for their sake, the jury isn't stacked with pro-Texas Roadhouse types.

My Voice Nation Help
33 comments
Ineedalawyer
Ineedalawyer

Texas Road House has been found negligent in numerous cases for exactly the same reasons they are currently beginning sued now. Hundreds of people have been injured by splinters; hundreds have fallen and sustain serious injuries from slipping on peanut shells. Thanks to people exercising their right in courts things are safer for the next customer. Look at the floors now, no peanuts; look at the doors, varnished. Why? Because Texas Road House was running a dangerous restaurant and they would never had made the changes if no one called them out on it. The Houston Press on the other hand is an Agent of the Restaurant industry and therefore wants to help out by intimidating those who dare exercise their right to file a lawsuit by printing misleading information, ridiculing, and publishing personal information in an effort to harm the parties suing. I think The Houston Press should be sued too.

Giovanni
Giovanni

I haven't been laid in four months. Wonder if I can sue my X-girlfriend for "loss of consortium?" This lawsuit is insane & part of the pussyfication of America.

Patrick825
Patrick825

Hold your horses, Ineedalawyer. The plaintiffs, by filing that lawsuit, have entered it into the public record. As such the facts of the lawsuit as filed and the circumstances surrounding the events which led to the filing are now fair game for the examination by the fourth estate.

Ineedalawyer
Ineedalawyer

How about the guy who was walking to his table and then the cowboy dancing started as he was walking, he got kicked in the nuggets, fell down in pain,and hit his face on the table and lost several teeth...They gave him a 10% discount. Is that justice?

Manny Henriquez
Manny Henriquez

Well as someone who has worked in various business locations most of my life as a business if something happens to your customer even the smallest thing you are liable for there injury and as american's we have a right to sue its not that they are abusing the system because honestly I am sure there is some people that would do the same thing. If people don't like how america runs things then do us a favor move out and away to another country.

typeanegative
typeanegative

Aaaaaand this is why we have capes with tags sewn in warning us that the capes won't make us fly. Frivolous lawsuits are making it increasingly unsafe for people to do business. These people ought to be ashamed of themselves.

Brass
Brass

I'm 56 and in my lifetime have had 3 compression fractured vertebra, 2 broken arms, broken sternum, 9 fractured teeth from chin imapct, and several lacerations requiring stitches. In addition, enough slivers that I always know where my best tweezers are. Twice I've required ER treatment for slivers as you can only cut yourself so deep before you give in to the $100 deductable for ER visits. One of those visits was a sliver all the way under my fingernail. The most sensitive nerves on your body are on your finger tips I believe. Only those that have experienced a sliver of wood deep into their finger would appreciate the level of discomfort it can cause.

Joe
Joe

BWA-HA-HA-HA-HA-HAHAHAHAHA!

Texas sucks.

Matthew
Matthew

i'd just like to go on the record as being pro-texas roadhouse rolls and cinnamon butter-like spread.

Culinary_Curmudgeon
Culinary_Curmudgeon

Beautiful. HPD in uniform get discounts in restaurants. ungrateful bastard.

KPow
KPow

I wish I knew which lawyer even accepted this case without laughing in their face!!! Any lawyer who would have enough time AND courage to not be laughed at in court is A: smart enough to know how to trick the system orB: probably connects with that Jay guy somewhere along the line of his 24yr HPD career somewhere.

Eitherway, the person earlier said "nobody knows Stella." I got to know a Stella quite well tonight actually. I believe her name was Stella Artois? Ahh, no room for those sort of details, BUT I do agree that there are three sides to every story. If our system is that messed up to even allow for this, then don't fault those who know how to follow the rules laid out in front of them perfectly... just sayin....

Mary
Mary

It looks to me like no lawyer accepted the case (small wonder) and that these folks filed it on their own. That's permitted, you know. Hence the misspellings and the fact that Craig called them directly instead of calling their representative. Hopefully.

LW
LW

A lawyer isn't a dumbass to accept this kind of case so long as he works on an hourly fee basis. That is, assuming the facts are as ridiculous as this article is making it out to be. OTOH, who knows, maybe there is some legitimacy to the case...

a1140399
a1140399

"splinter-weilding" should be "splinter-wielding". As the GF pointed out, if you're gonna make fun of them for poor typing, you gotta be damn near perfect yourself...

Hawk Eye
Hawk Eye

Don't let them come to town. "Catherine, keep the door!"

Bre
Bre

I think lawreviewd is pro-dumbass! lol! Come off it dude, its just an article, you should'nt even care..unless you are the one suing Texas Roadhouse

concernedteacher
concernedteacher

It appears The Houston Press is acting as an agent of Texas Road House. It should be obvious, Houston Press receives millions in advertising dollars from these restaurants and they are now calling in a favor. The writing of this one sided article appears to want the public to think that the injury and the harm does not deserve a day in court. When restaurants call in favors and result to intimidation as a means to dissuade a case from coming to trial may make both Houston Press and Texas Road liable for high punitive damages...

Patrick825
Patrick825

Wow, that's weird. Because I read it and thought it's heck of a lot of money for a splinter from a door. I was thinking something along the lines of a coupon for a free order of stuffed jalapenos and dessert would do the trick. But thankfully you have enlightened me to the conspiracy. Someone call Dan Brown. I can't wait for his Illuminati angle.

Moreover as I read this sentence..."When restaurants call in favors and result to intimidation as a means to dissuade a case from coming to trial may make both Houston Press and Texas Road liable for high punitive damages..." I'm concerned for those you teach, concernedteacher. The word you are looking for is resort to intimidation not result. Moreover, the "case" is inanimate and as such can't be persuaded or dissuaded from from going to trial. That's something the plaintiffs my decide, but the case cannot.

Katharine Shilcutt
Katharine Shilcutt

Given that I don't believe Texas Road House has ever advertised with us, you may want to rethink that argument. ;)

Lauren Marmaduke
Lauren Marmaduke

If getting a splinter impairs your ability to drive a car and work, you probably shouldn't be allowed to leave the house.

lawreviewed
lawreviewed

Way to get the facts all messed up (but those comments have already been posted.The only person that sounds like a douche is you Craig. Did you see the splinter? Do you know how it effects her daily routine? No. In fact, you stated that you don't know much because the Plaintiff's didn't want to speak with you on their anniversary. So you take to name calling, and blasting them in your paper? You sound like the average uniformed tort reformer. The only problem is you don't know where to go to get more involved in frivolous lawsuits. Try this, read the Stella Awards. And read what actually happened to Stella (The lady that sued McDonalds for spilling hot coffee on herself and won millions, yeah her). If you consider the truth about Stella, then when you see something like this you might think twice. Like, did Roadhouse offer her a settlement for her medical expenses? Think before you leap, you might be throwing under the bus a woman who tried to avoid the court only for Roadhouse to try and screw her.

Zoid20
Zoid20

Actually, if you did any research, Stella did not win millions. Her case was thrown out twice by an upper court. Her last attempt only netted her a meager thousand to cover her medical expenses. Do your research before opening yourt mouth.

smarterthanlawreviewed
smarterthanlawreviewed

the coffee spilled on stella was at the average temperature of coffee- no hotter. for example, the water coming out of a keurig is set at 193, which is 13 degrees warmer than that in stella's case. how was she only 20% at fault for spilling on herself a substance for which she knew the temperature. her suit was not justified (as you imply) merely because she sustained serious injuries. while suffering 3rd degree burns negates an allegation that a person is not truly injured, it does not negate a contention that they are a moron. i do agree w/ you, however, on that you cannot judge this particular suit w/out knowing the facts. but i still maintain that stella is a fool

Katharine Shilcutt
Katharine Shilcutt

Craig is not the one who "messed up" the headline; that would be me.

Either way, a woman is suing over a splinter. Seriously. That's hilarious. And a pretty poor reflection on our legal system, to boot, for allowing such needlessly litigious people to manipulate it in this way.

lawreviewed
lawreviewed

That's the problem. You assume It's a poor reflection on the legal system without knowing the facts. You called on his anniversary. You don't know how to call a Stella award when you see one. And, you don't know who Stella is. When you do you will see my point. It's very easy to call a lawsuit frivolous when you don't know the facts. I expect better from you all than rushing to get a snappy headline published.

a1140399
a1140399

@douche, attorney at law

Agreed.

a1140399
a1140399

You should explain who Stella is and why she matters.

http://en.wikipedia.org/wiki/L...

She was 79, wound up with 3rd degree burns over 6% over her body, was more than the 700th person to complain of being scalded by McDonald's coffee (many of which were settled for >$500k), she spent 8 days in hospital for treatment including skin grafts, and she was, in fact, found 20% at fault by a jury.

As an interesting note, McDonald's admitted 2 things: they served their coffee hot enough (180+) to scald assuming people would drive to their destination and then drink their coffee, but according to their research most people getting coffee through the drive-thru drank it starting immediately on the way to their destination, meaning they served coffee that would burn if drank immediately to people planning on drinking it immediately.

While true, making fun of a lawsuit before you know the details might not be right, I'm gonna go out on a limb and say making fun of a splinter is legit...

douche, attorney at law
douche, attorney at law

I hesitate to understand exactly how not "knowing who Stella is" takes away from the article. Lady got a splinter. Lady files a petition against Texas Roadhouse. The facts can be way better or way worse, but either way, hilarity ensues.

Cheflambo
Cheflambo

Oh I SO want to be on THIS jury!

Ali
Ali

$148,800? That's got to be one crazy-ass splinter, man. Like, the size of a construction nail. That's rusted. And dipped in acid. Then set on fire.

I'm embarrassed for them.

googie
googie

Your headline is wrong. The couple is from Katy. The restaurant is in the Heights.

Now Trending

From the Vault

 

Loading...