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McHenry v. Longhorn Steak Inc.

Defendant created a dangerous condition by customarily having its employees and customers throw peanut shells on the floor.

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On March 24, 1998, Ruth McHenry, plaintiff, ate at Longhorn Steaks, Inc. and was seated in a dimly lit area in a booth on a raised platform above the main dining room. After the meal, she and her family got up to leave; plaintiff slipped on a peanut shell on the floor beneath her table and broke her leg. Plaintiff sued Longhorn Steak, Inc., Rare Hospitality International, Inc. and Rare Hospitality Management, Inc. After answering, the defendants moved for summary judgment, which the trial court granted. We reverse.

The defendants provided baskets of peanuts for customers to shell and eat, and the McHenry family ate some peanuts, placing the shells in the basket. Their waitress saw the shells in the basket and threw them on the floor away from where they were seated and told them to throw the shells on the floor.

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