Woman Wants $1 Million from San Angelo's Panda Express After Slip and Fall

SAN ANGELO, TX — Panda Express is pointing fingers elsewhere in a lawsuit filed by local resident Denise Nusskern, who claims she suffered serious and permanent injuries — including disfigurement and physical impairment — after slipping on a spilled beverage at the chain's Sherwood Way restaurant in December 2024.

In its formal answer to the suit, the California-based company issued a general denial of all allegations and raised several affirmative defenses that shift potential blame away from any spill or restaurant negligence. Among them, Panda Express specifically asserts that Nusskern's fall and injuries "were caused by an intervening event for which Defendant has no liability" and/or "were caused by a third party over whom Defendant has no control."

While the answer does not elaborate on details, these defenses open the door to the possibility that another customer or some other external factor — rather than a dangerous condition created or ignored by the restaurant — may have caused or contributed to the woman's fall.

Panda Express also contends:

• Nusskern's own negligence caused or contributed to the incident (contributory/comparative fault)
• Any alleged hazard was "open and obvious" and/or Nusskern assumed the risk
• Statutory limits apply to medical bills (recoverable only to amounts actually paid or incurred) and overall damages
• Certain economic losses must be proven net of taxes

Nusskern, who lives near the Panda Express restaurant, alleges she slipped in soft drink, tea, or water near the drink station at the Panda Express located at 5578 Sherwood Way on or about December 20, 2024, and that staff failed to clean it up, inspect properly, or warn customers.

She is seeking $250,000 to $1,000,000 in damages for medical expenses, pain and suffering, physical impairment, disfigurement, and related losses. If Ms. Nusskern wins the lawsuit for the damages requested, it will provide new meaning to The Panda Express slogan, "Where Good Fortune Awaits."

The case, originally filed August 21, 2025, in Tom Green County's 391st District Court, was removed to federal court in September 2025 and is now pending in the U.S. District Court for the Northern District of Texas, San Angelo Division.

Nusskern is represented by San Angelo attorney Scott Templeton. Panda Express is represented by Maryalyce Cox of MehaffyWeber in Houston.

The case is in early stages with no trial date set.