HUNTINGTON - A Cabell County man says a tray of drinks was dumped on his table and he slipped and fell in the puddle it caused in a lawsuit filed against Ponderosa Restaurant.
Dwight St. Clair filed the lawsuit May 10 against Munro Restaurant Enterprises, doing business as Ponderosa, and Ashlee Pless, his waitress.
St. Clair claims that on May 30, 2005, he was dining at the Huntington Ponderosa when Pless "negligently and carelessly dropped a tray of drinks on the table."
St. Clair said he tried to get out of his chair but he slipped and was thrown to the floor.
"The defendant… and its employee… were responsible for inspecting, maintaining and cleaning the floor area inside the restaurant," the complaint says. "The defendant and its employee so negligently inspected and/or serviced, and/or maintained and/or cleared said floor surface in the restaurant as to cause or allow a dangerous and defective condition to appear thereon."
St. Clair says he has sustained bodily and mental injuries, sustained physical and mental pain and suffering, loss of ability to enjoy life, embarrassment, humiliation, annoyance, inconvenience and medical and traveling expenses.
He is represented by Huntington attorney Kenneth P. Hicks and is seeking compensatory damages.
Judge David Pancake has been assigned the case.
Cabell Circuit Court case number 06-C-342