A Houston Sheriff’s deputy is suing Waffle House after he says he and his wife were assaulted over a late-night parking lot dispute.
According to the lawsuit filed in Harris County, Houston Police deputy Joshua Kesler is suing Waffle House after allegedly being assaulted while off duty on September 28, 2024, between 12:15 and 12:30 a.m. at a Waffle House off Will Clayton Road in Humble, Texas. In the plaintiff’s petition, Kesler says that a woman identified as a Waffle House employee confronted his wife and him in a “hostile and threatening manner” after he parked his motorcycle in a spot next to a double-parked Jeep. The lawsuit did not give details as to what the woman said if any additional events happened in the lead-up to the fight.
The complaint says that as the confrontation progressed, four men appeared to exit a vehicle at the behest of the employee and initiated physical contact with both Kesler and his wife. Kesler was allegedly punched, knocking him to the ground where the assault continued.
The petition states that Kesler suffered a fractured orbital bone and his wife was beaten unconscious, ultimately suffering a broken collarbone and facial lacerations. The Keslers are seeking damages relating to physical and mental injuries as well as medical expenses.
The complaint alleges the men were either Waffle House employees or acting as agents for the accused employee. The lawsuit argues Waffle House was negligent in its hiring practices, making it responsible for the physical assault they allegedly suffered.
Waffle House generally denied all claims and demanded that the plaintiff (Kesler) submit proof of all claims in its response.
The Waffle House employee has not been charged with any crime relating to the incident, and denied all claims in response to the lawsuit. . In their affirmative defense, the employee stated that they did not participate in or direct any outside party in the alleged assault.
Waffle House’s initial response references proportionate responsibility, which, under Texas Civil Practice and Remedies Code Chapter 33, states that a claimant may not recover damages if they are found to be at least 50% responsible for the alleged incident.
Waffle House and the employee have requested a jury trial. The Harris County Courts have not set the next setting date.
Waffle House has a reputation as a great late-night diner option, as well as an infamous one for fights—often featuring the restaurant’s employees. Memes of Waffle House employee interviews essentially boil down to assessing an applicant’s ability to handle disgruntled or unruly customers. Going to Waffle House late at night, when incidents are expected to happen, can be a cautionary activity.