Woman sues restaurant, contractor for injuries

CHARLESTON -- A Kanawha County woman is suing Nancy's Restaurant and TMS Construction Services after she claims she was injured at the restaurant.

On Oct. 22, 2008, Amy Lou Auer was at Nancy's Restaurant and was standing on the deck talking with others when a person from inside opened the door, which knocked her off of the deck and onto the ground, according to a complaint filed Sept. 24 in Kanawha Circuit Court.

Auer claims the deck she was standing on led to the main entrance of the restaurant and had previously had protective railing erected around the outer perimeters for safety purposes. She claims TMS Construction Services had "wantonly and recklessly torn down the protective railing and created a dangerous condition."

The defendants' negligence caused Auer to suffer injuries to her head, neck and spine, according to the suit.

Auer claims the defendants failed to provide a safe and secure decking surface around the entrance of the restaurant.

Auer is seeking compensatory damages. She is being represented by Shannon M. Bland and John G. Hackney Jr.

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

Kanawha Circuit Court case number: 10-C-1714