CHARLESTON -- A man who was eating at Logan's Roadhouse is suing the restaurant after he bit into glass while eating a salad.

CBRL Group, Inc. was also named as a defendant in the suit.

On Feb. 13, 2011, Stephen Butcher was at Logan's Roadhouse in Charleston and was eating his salad when he bit down into a piece of broken glass, according to a complaint filed July 11 in Kanawha Circuit Court.

Butcher claims the area he was sitting in was illuminated by very dim lighting.

The broken glass in Butcher's salad was the remnants of an amber colored beer bottle which was broken next to Butcher's salad at or near the food staging area, according to the suit.

Butcher claims employees of Logan's Roadhouse were aware that Butcher's salad was in close proximity to the broken bottle and took no measures to determine if the salad was contaminated with broken glass.

It was reasonably foreseeable to Logan's Roadhouse employees that Butcher's salad could contain broken glass, given the close proximity of the salad to the area where the glass was broken, according to the suit.

Butcher claims he was unable to detect the broken glass in his food due to the dark, amber color of the glass, which blended with the contents of the salad.

The defendants breached their duty, which was an act of gross fraud, malice, oppression and/or constitutes wanton, willful and/or reckless conduct and/or exhibits the defendants' criminal indifference to its civil obligations, according to the suit.

Butcher is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by John J. Mize.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-1288

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