Lawsuit: Spring in IHOP seat poked through duct tape, injured customer

By Kyla Asbury | Aug 29, 2013

Kanawha County Courthouse

CHARLESTON - A man who was injured at IHOP is suing for the injuries he allegedly sustained from a defective seat.

Sharp #4502 Inc. is doing business as IHOP Restaurant #4502. Sharp Holding Inc. was also named as a defendant in the suit.

On Aug. 27, 2011, Andrew Dale Richardson went to the defendants' restaurant and was attempting to sit in his seat when the spring in the seat poked through the duct tape and scratched and punctured his upper right leg, according to a complaint filed Aug. 12 in Kanawha Circuit Court.

Richardson claims prior to his visit to IHOP, the seat had been damaged and a spring in one of the seats was exposed and had been covered with duct tape.

As a proximate result of the defendant's negligence, Richardson sustained severe permanent injuries, including treatment to prevent infection; pain and suffering; loss of income; and he was otherwise injured, according to the suit.

Richardson claims he was required to have medical treatment to insure no infection would set it.

Richardson is seeking compensatory damages with pre- and post-judgment interest. He is being represented by John R. Mitchell.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-1533

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