82-year-old claims she was over-served at Red Lobster before breaking hip

WEBSTER, Texas (KTRK) -- A Red Lobster restaurant is being sued by a woman who claims she was over-served alcohol in its bar, causing her to fall and fracture her hip and arm in the restaurant parking lot. Marlene Spencer was 82 years old when the incident happened, according to the lawsuit filed this week.

"She hit her head, had to have total hip replacement surgery, which is something you're always concerned about with elderly people," said attorney Spencer Markle.

The incident, according to the lawsuit, happened in March. Markle said Spencer often went to the restaurant bar, walking the distance from the senior living center where she was a resident, which is adjacent to the restaurant.

Markle said her debit card showed she spent $100 at the restaurant that day. She was walking home when she fell.

"At the hospital, the blood test showed her alcohol level was .31, which is nearly four times the legal limit. It was shocking." he said. "It was obvious to the health care providers that she was highly intoxicated and that's repeated throughout the medical records."

That blood alcohol level is high for anyone, but Spencer weighs only 113 pounds.

The lawsuit claims her daughter had asked the bar manager not to overserve her mother alcohol several times.

"She said, 'Maybe just give her one and then refuse to serve anymore. She was frustrated that never happened," Markle said.

Red Lobster's corporate office declined to comment on the lawsuit, because it's a pending legal matter, but provided this statement: "Red Lobster has strict policies and procedures when it comes to the service of alcohol. We take these guidelines very seriously and ensure our team members are properly trained and follow these procedures when serving alcohol."

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