CHARLESTON - A Kanawha County man has filed a suit against a fast food restaurant after he slipped on a wet spot in the dining room.

David Richard Cole filed a suit Sept. 22 in Kanawha Circuit Court against McKenzie Enterprises, which operates Fazoli's, and the restaurant's general manager, Jennifer Miller.

According to the suit, on Nov. 11, 2007, Cole visited the Fazoli's located near the Nitro Market Place in Cross Lanes. During his meal, he slipped on a wet area on the floor of the dining room.

Cole claims he fell and injured his back.

According to the suit, Miller, as general manager, had a duty to control the premises and keep it in a reasonably safe condition. Cole claims the defendants were negligent by failing to warn customers of the dangerous condition in a common area, the suit says.

Cole claims he suffered pain and suffering, loss of enjoyment of life, medical expenses, lost wages, and was severely and permanently injured.

Cole seeks compensatory damages for the injuries sustained.

Attorney Lia DiTrapano Fairless is representing Cole. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 08-C-1826

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