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Patron Slips On Peanut Shells & Sues

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Peanuts are offered for sale at Eastern Market on Capitol Hill in Washington, DC, on June 27, 2008. According to a survey released on June 26, nearly a quarter of Americans are cutting back their spending on food and healthcare thanks to rising fuel prices. AFP PHOTO/SAUL LOEB (Credit: SAUL LOEB/AFP/Getty Images)

Peanuts are offered for sale at Eastern Market on Capitol Hill in Washington, DC, on June 27, 2008. According to a survey released on June 26, nearly a quarter of Americans are cutting back their spending on food and healthcare thanks to rising fuel prices. AFP PHOTO/SAUL LOEB (Credit: SAUL LOEB/AFP/Getty Images)

HARLINGEN (CBSDFW.COM/AP) — The old South Western American traditional custom of throwing peanut shells on the floor of some restaurants is nothing new to Dallas and Fort Worth. The Rodeo Bar & Grill at the corner of Commerce and Akard inside the historic Adolphus Hotel still allows patrons to “make a mess” of their hard wood floors. Another downtown eatery, formerly called The Spread Eagle Saloon, now named Scotty’s Elm St. Saloon, also lets revelers toss peanut shells on the floor.

But for one woman who slipped and fell on some nut shells, today’s reality of an age-old custom is painful. So painful in fact, she’s seeking $1 million in damages from a steakhouse known for its 23 ounce porter house t-bone steaks and rattlesnake bites.

Amelia Tijerina says she suffered physical pain, mental anguish and physical impairment after she slipped on the peanut shells scattered across the floor of the Texas Roadhouse. She’s seeking damages for medical expenses, lost wages, loss of earning capacity and court costs, according to The McAllen Monitor.

Tijerina argues the restaurant is responsible for the peanut shells, and should have either warned her about the danger or removed them.

Texas Roadhouse Inc. moved the lawsuit from a state district court to a federal court and has requested a jury trial. It argues Tijerina’s actions caused the injury.

(©2013 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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