Judge dismisses couple’s lawsuit
A Washington County judge has dismissed a Houston couple’s lawsuit against Denny’s Corp. and others stemming from a 2012 attack outside their home that injured the husband following an argument with a group of men that began at the Denny’s restaurant in Washington.
Jonathan and Bobbie Jo Irizarry accused the restaurant and security company Delphi Investigations of negligence in a March 2014 lawsuit, later adding NESCTC Security Agency; Jonathan’s brother, Stephen; and Troy Wilson and Cameron Reihner, who were sentenced to prison on charges stemming from the June 23, 2012, attack on the Irizarry brothers with baseball bats near their West Pike Street home.
President Judge Katherine B. Emery dismissed the lawsuit in an order filed Jan. 9, saying in an opinion the attack occurred near the Irizarrys’ home on West Pike, 7.7 miles from the Washington restaurant, and the couple “were not in any fear of harm while on the premises of Denny’s.”
She also found a security guard at the restaurant didn’t breach his duty to protect the couple by failing to call police.