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WEST VIRGINIA RECORD

Friday, March 29, 2024

Man claims olive pit broke tooth

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HUNTINGTON — A consumer is suing John Doe, formerly doing business as Salads With A Twist, alleging that insufficient measures were taken to prevent injuries.

Scott G. Stapleton filed a complaint on May 31 in Cabell Circuit Court against the defendant, alleging that the former restaurant operator breached its duty to exercise reasonable care to protect him from injury.

According to the complaint, the plaintiff alleges that on June 1, 2014, he entered the defendant's location at Pullman Square, purchased a salad and bit on an olive that contained a pit and broke a tooth. He claims the incident caused him to suffer physical pain and suffering, mental anguish, disfigurement, loss of enjoyment of life and medical expenses. The plaintiff holds the defendant responsible because the defendant allegedly failed to make reasonable inspections to discover the dangerous condition and failed to take reasonable steps to prevent injury.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount in excess of the minimum jurisdictional limit of the court, court costs, attorney fees, post-judgment interest and any other relief the court deems appropriate. He is representing himself in his role with Stapleton Law Offices in Huntington.

Cabell Circuit Court Case number 16-L-373

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