CHARLESTON - A woman is suing Rio Grande Restaurant after she claims she was injured while at its Nitro restaurant.

On May 14, 2011, Kimberly Rhodes was a patron at the defendant's restaurant when she was injured in the restroom, according to a complaint filed May 14 in Kanawha Circuit Court.

Rhodes claims she went to use the restroom and was sitting on the toilet when it collapsed, which caused her to suffer serious and permanent injuries to her left hip and left lower extremity.

The toilet collapsed by virtue of the defendant failing to maintain its facility and Rhodes landed on her left hip, according to the suit.

Rhodes claims as a result of the defendant's negligence, her injuries necessitated medical treatment; she sustained pain and discomfort; and her capacity to enjoy a natural and fruitful life has been permanently altered and impaired.

As a result of the defendant's negligence, Rhodes also incurred hospital, physician and other medical and drug expenses in excess of $2,000, according to the suit.

Rhodes is seeking compensatory damages with pre- and post-judgment interest. She is representing herself.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-952

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