West Virginia Record

Friday, November 22, 2019

Cabell man sues after fall in restaurant restroom

By Drew Smith | Feb 23, 2006

HUNTINGTON – A Cabell County man is suing O'Charley's Restaurant after he slipped and fell on urine in the men's bathroom.

Robert Brumfield, in a case filed Feb. 13, alleges the employees and management of O'Charley's are responsible for his fall that occurred on Feb. 14, 2005.

Brumfield was eating Valentine's Day dinner with his wife at O'Charley's when he felt the need to use the restroom. When he entered the restroom, he slipped in a "puddle of urine and slime" that was directly inside the entrance.

Brumfield claims an employee of O'Charley's informed him that people urinate on the floor at the restaurant "all the time."

After discussing the situation with the restaurant manager, Brumfield was convinced the man "lacked the mental wherewithal of ensuring the restroom floor be kept clear of urine and slime."

As a result of the fall, Brumfield claims he required medical attention and treatment for injuries he sustained.

The suit claims O'Charley's was in violation of the 1999 FDA Food Code that requires restroom floors to be maintained free of urine and slime.

Brumfield is seeking compensatory and punitive damages.

Cabell Circuit Court case number: 06-C-98

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