Lawsuit against Chili's over customer's broken finger dismissed

CHARLESTON - A lawsuit against Chili's of West Virginia Inc. in which a customer alleged she broke her finger has been dismissed.

Brinker International Inc. and Greg Wolfe, the manager at Chili’s, was also named as a defendant in the suit.

A dismissal order was filed Oct. 10, 2012, in Kanawha Circuit Court.

The lawsuit was dismissed with prejudice, with the parties agreeing to bear their own costs and attorneys fees, according to the dismissal order.

On Aug. 7, 2009, Sharon Stover went to Chili’s for lunch with several friends and co-workers, according to a complaint filed Aug. 2, 2011, in Kanawha Circuit Court.

Stover claimed when she returned to her seat from the restroom, she attempted to pull the chair closer to the table, and the seat lifted from the frame and fractured her right index finger between the seat and the chair frame.

When Stover immediately notified the defendant of the condition of the chair, Wolfe admitted that the seat and chair were defective and improperly maintained, according to the suit.

Stover claimed the defendant breached its duty when it failed to maintain the chair in a safe condition.

The defendants’ negligence caused Stover’s injuries to her finger, for which she sought medical attention, according to the suit.

Stover and her husband, James Stover, were seeking compensatory and punitive damages with pre- and post-judgment interest. They were being represented by Christopher D. Pence of Betts, Hardy & Rodgers PLLC and David R. Pence of Carter Zerbe & Associates.

The defendants were represented by Chanin Wolfingbarger Krivonyak, J. Victor Flanagan and Linnsey M. Amores of Pullin, Fowler, Flannagan, Brown & Poe PLLC.

The case was assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1265