Man sues Olive Garden for injuries at restaurant

By Kyla Asbury | Nov 26, 2012

CHARLESTON – A Charleston man is suing Olive Garden for injuries he sustained at one of its restaurants.

GMRI, Inc., is doing business as the Olive Garden Restaurant, Inc.

Darden GC Corp; Darden Restaurants, Inc.; and David Sparks, the manager of the Charleston restaurant, were also named as defendants in the suit.

On Nov. 15, 2010, Richard G. Mahan dined with his family at the Olive Garden in Charleston and following dinner, was exiting the restaurant when he fell in a slippery substance that was carelessly left on the floor by restaurant staff, according to a complaint filed Nov. 9 in Kanawha Circuit Court.

Mahan claims the Olive Garden staff members were standing around laughing and joking about the hazardous substance spilled on the floor at the time of the incident.

As a result of the substance on the floor, Mahan fell and landed on his back on the hard floor and hit his head on a nearby wall, according to the suit, and was assisted to a chair, where he filled out an accident report with the help of his family.

The defendants’ negligence caused Mahan to suffer serious physical injury and pain; incur medical expenses; suffer from mental anguish and a reduced capacity to participate in life’s activities; and suffer from a loss of enjoyment of life, according to the suit.

Mahan claims the defendants consciously overlooked/ignored the hazardous condition despite clear knowledge that it posed a fall/tripping hazard to guests, invitees and patrons.

The defendants’ actions have also caused Mahan to suffer nervousness, anxiety, apprehension and fright, according to the suit.

Mahan is seeking compensatory and punitive damages. He is being represented by Jonathan R. Mani.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 12-C-2237

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