An off-duty Harris County Sheriff's deputy and his wife suffered a fractured orbital bone, a broken collarbone and head injuries during a late-night parking lot confrontation outside a Waffle House in Humble, Texas, according to court filings. More than a year and a half later, the couple has taken the fight to civil court, filing an amended lawsuit against the restaurant chain that accuses it of negligent hiring and retention.
The altercation happened on September 28, 2024, outside Waffle House #1513 off Will Clayton Parkway in Humble, roughly 20 miles northeast of downtown Houston near George Bush Intercontinental Airport, according to The Independent. Deputy Joshua Kesler and his wife, Randel Kesler, initially filed suit in late May 2026, and an amended civil petition was lodged in Harris County District Court on August 26, 2026, according to the same report. The case was also detailed by Chron, which first reported on the lawsuit.
Per Chron's reporting, Kesler had parked his motorcycle in a spot next to a double-parked Jeep when, per the petition, a Waffle House employee confronted him and his wife in a hostile and threatening manner. The confrontation reportedly unfolded between 12:15 and 12:30 a.m. Four men then appeared to exit a vehicle at the employee's behest, according to the lawsuit, and the suit alleges those men were either Waffle House employees or agents acting on the accused employee's behalf.
Injuries Detailed in Court Filings
According to court filings cited by The Independent, Kesler suffered a fractured orbital bone and head abrasions after being knocked down and kicked multiple times. Chron's report adds that he was punched and knocked to the ground. His wife, Randel, suffered head contusions and a broken collarbone after being beaten unconscious, the filings state, with Chron additionally noting she sustained facial lacerations. The lawsuit alleges the four men initiated physical contact with the couple.
The couple is seeking damages for physical and mental injuries and medical expenses, according to Chron. Their amended lawsuit specifically accuses Waffle House of negligent hiring and retention, claiming the employee had previously displayed aggressive behavior that should have alerted management to her unsuitability for customer service, per the same report detailed by The Independent.
Waffle House and Employee Push Back
Waffle House has filed court documents denying all legal liability for the couple's injuries and has formally requested that the Harris County court dismiss the restaurant chain from the lawsuit, The Independent reports. The company has also demanded proof of all claims from Kesler and, alongside the accused employee, requested a jury trial, according to Chron.
In her own court filing answering the complaint, the accused employee asserted she acted in self-defense, alleging she reasonably believed she was about to be attacked and claiming Deputy Kesler provoked and escalated the dispute, The Independent reports. The employee has denied all claims in the lawsuit and stated she did not participate in or direct any outside party in the alleged assault, according to Chron. As of September 2026, the employee has not been criminally charged in connection with the incident and remains publicly unidentified, according to Policy Wire, which noted that why no criminal charges were ever brought against the employee or the four alleged attackers remains an open question.
The Legal Standard at the Center of the Case
The dispute highlights a key legal tension between vicarious liability and individual self-defense claims. Under Texas common law, an employer is generally not vicariously liable under respondeat superior for an employee's intentional assault unless the job duties specifically contemplate or authorize the use of physical force, according to GUERRA LLP. That standard is part of why the Keslers are pursuing a direct negligent hiring claim rather than relying solely on the employer-liability theory.
To succeed on that claim, Texas law requires a plaintiff to prove the employer breached its duty by hiring or retaining a worker it knew or should have known was unfit, directly creating an unreasonable risk of harm to the public, according to Simon Paschal PLLC. Chron also notes that under Texas Civil Practice and Remedies Code Chapter 33, a claimant may not recover damages if found at least 50% responsible for the alleged incident, a standard that could factor into how the case is ultimately resolved.
Harris County courts have not yet set the next setting date in the case, according to Chron. The lawsuit remains pending as both sides prepare for what Waffle House and the accused employee have already indicated they want decided by a jury.
