Outback to blame for woman's fall, suit claims

CHARLESTON - A Kanawha County woman has filed a suit against a national steakhouse chain after she was injured when she fell in a local restaurant.

Linda Lowe of Cross Lanes filed a suit Feb. 25 in Kanawha Circuit Court against Outback Steakhouse. Jerry Lowe is also a plaintiff in the suit.

According to the suit, the Lowes were dining at Outback in Charleston on March 5, 2006, when Linda Lowe slipped while exiting the restroom, and was injured.

Lowe claims she did not notice a slippery substance on the floor, which allegedly caused her fall, the suit says.

The suit says Outback allowed a slippery, hazardous condition to exist on the restroom floor, and failed to warn customers of the hazardous condition and employ appropriate protective measures.

Lowe claims the restaurant exhibited careless, negligent, willful, wanton and reckless conduct.

Lowe claims she suffered medical expenses, pain and suffering, physical limitations and permanent impairment, annoyance and inconvenience and other damages. Jerry Lowe claims he suffered a loss of spousal consortium and kindly services, annoyance and inconvenience and other damages.

Together, the Lowes seek compensatory and punitive damages.

Attorney Robert D. Cline is representing the Lowes. The case has been assigned to Judge Charlie King.

Kanawha Circuit Court case number 08-C-372