San Angelo Woman Sues McAlister’s Deli After Fall

 

SAN ANGELO, TX — A San Angelo woman has sued a local McAlister’s Deli and one of its employees, alleging she fractured her right wrist after slipping on a wet floor at the restaurant in March 2024. 

Norma Lorena Chavarria filed the original petition Oct. 1, 2024, in Tom Green County District Court, Cause No. A240408C, against Jonathan Paredes and Best Choice Restaurants LLC, doing business as McAlister’s Deli. The suit seeks monetary damages exceeding $250,000 but not more than $1 million, plus prejudgment and post-judgment interest, court costs and other relief. 

According to the petition, Chavarria was a business invitee at the deli, 4525 Sherwood Way, on or about March 2, 2024, to pick up a to-go order. She alleges she slipped and fell on a wet floor in an area with no warning signs posted and no equipment or materials used to prevent slipping or falling. The petition states the defendants knew or should have known of the unreasonably dangerous condition but failed to reduce or eliminate it or warn her. It claims Chavarria suffered serious and permanent personal injuries, including a fractured right wrist, physical pain, mental anguish and physical impairment that continues and will likely continue indefinitely. She also alleges past and future medical expenses. 

The petition asserts claims of negligence against both defendants and invokes the doctrine of respondeat superior, alleging Paredes was acting within the course and scope of his employment. It lists multiple alleged failures by the defendants and their employees, including failure to keep the premises reasonably safe, inspect for dangerous conditions, warn of hazards and properly train and supervise employees. 

Defendants have filed answers denying liability. In the corporate defendant’s original answer, Best Choice Restaurants LLC and Paredes assert a general denial of all allegations and raise multiple defenses. These include that the claims are barred by the statute of limitations or failure to serve necessary parties; invocation of damage caps under Chapter 74 of the Texas Civil Practice and Remedies Code; that any damages are limited to those allowed under Texas law; that plaintiff’s injuries were caused by a new and independent cause; denial of punitive or exemplary damages; and other affirmative defenses such as contributory negligence and failure to mitigate damages. The defendants demand a jury trial. 

Jonathan Paredes also filed a separate answer in small claims court in which he disputes the facts, stating the restaurant had already closed, the front door was locked, only the middle section of the floor was mopped and shining, and he signaled Chavarria to use a side door on a dry path, but she remained at the front door. He wrote that he spoke with Chavarria’s husband and stated that accidents happen. 

A jury trial is scheduled for Aug. 31, 2026, before Judge Carmen Dusek. 

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