HUNTINGTON - A man who was allegedly injured when the booth in which he was sitting collapsed is suing Outback Steakhouse West Virginia for his injuries.

On Dec. 10, 2011, Michael Estep was dining at Outback in Barboursville when the booth he was sitting in suddenly collapsed, causing him to fall through the booth, according to a complaint filed Sept. 3 in Cabell Circuit Court.

Estep claims the defendant had a duty to provide safe sitting to the patrons of the steakhouse and had a duty to regularly inspect the sitting at the restaurant and keep it in safe, workable condition.

The defendant also had a duty to repair or replace any defective, work or broken sitting and knew or should have known of the defective condition of the booth, according to the suit.

Estep claims the defendant's employees and/or store operator(s) were careless, reckless and negligent by failing to properly maintain, inspect, repair and/or replace the booth.

As a direct and proximate result of the defendant's carelessness, recklessness, negligence and intention acts, Estep sustained personal injuries of a serious nature, including the lower back and tailbone, according to the suit.

Estep claims he experienced embarrassment, pain, discomfort, annoyance, inconvenience and a diminished capacity to enjoy life.

The defendant's actions caused Estep to sustain lost wages and future lost wages, according to the suit.

Estep is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Maggie K. Wall and G. Wayne Van Bibber of the Law Offices of G. Wayne Van Bibber & Associates.

The case has been assigned to Circuit Judge Paul T. Farrell.

Cabell Circuit Court case number: 13-C-641

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