Woman Seeks Damages In Restaurant Accident

A bizarre accident last February at a Valley restaurant has led to a lawsuit.

Charlene Boeger was enjoying a meal at the Chapter Eleven restaurant on East Sprague when a retractable wall toppled and pinned her face-first in her salad, said attorney Keith Glanzer, who represents Boeger.

It took three men to lift the 500-pound wall off the 49-year-old woman, Glanzer said.

The accident tore muscles in Boeger’s shoulders and neck, he said. For the past year she has seen a chiropractor for treatment. Boeger is still able to get around, but she suffers from severe headaches that lead to vomiting, Glanzer said. A beautician by trade, Boeger was forced to cut back on her work, he said.

The lawsuit, which seeks unspecified damages, was served this week.

Boeger, a Valley resident, could not be reached for comment.

Glanzer said Chapter Eleven’s insurance company, Fireman’s Fund, has treated Boeger in a “cordial and professional manner.”

The insurance company paid Boeger’s medical expenses, but the two parties have been unable to agree on a settlement for Boeger’s long-term pain and suffering.

“We are a long ways apart, but that’s not unusual,” said David Sommers, a spokesman for Fireman’s Fund.

Neither side would reveal specific dollar amounts.

Glanzer and Sommers said the lawsuit is a way for both sides to learn more about the merits of the case. After going through a formal process of investigation, called discovery, the parties will likely re-enter negotiations, Sommers said.

“Only about 5 percent of cases filed ever go to a jury verdict,” Sommers said.

The lawsuit is not about who is at fault. “Charlene, Keith and I just disagree on how much,” Sommers said.

At Chapter Eleven, more support was added to the wall “so it shouldn’t happen again,” said Jim Becker, one of the restaurant’s owners.

“In 24 years, that’s the only time it has ever fallen,” Becker said.

, DataTimes