TALLAHASSEE, Fla. (WTXL) - El Jalisco has denied a woman's claims that they are at fault for her injuries after she climbed on the restaurant's iconic donkey statue and fell off, fracturing her spine.
According to the response document filed on Feb. 13, the Southwood location denied most of the claims Kimberly Bonn is suing for regarding the incident that happened back in 2015.
Lawyers for the restaurant state that at the time of the incident, Bonn was guilty of negligence. They claim that the restaurant wasn't guilty of negligence, saying that her actions directly led to her injuries.
The restaurant also asserts that Bonn was participating in an activity that she knew or should have know involved the risk of harm. They said that when she climbed aboard the statue, she assumed any and all risk.
Not only do lawyers say that that Bonn was responsible for her own actions, but they said that any medical bills that she may have incurred were either fully paid or partially paid by health insurance. They continued, saying that the charges Bonn submitted were also higher priced than usual prices for services rendered in the area.
Lastly, the document said that the extent of which Bonn was legally intoxicated at the time of the incident, made her "more than 50 percent at fault for her own harm."
They said that this fact bars her from being able to be paid any damages.