BLUEFIELD – A couple is suing Outback Steakhouse after they claim it was responsible for injuries sustained at the restaurant.
OSI Restaurant Partners and Jane Doe were also named as defendants in the suit.
On April 17, 2016, Kathryn Jennings and Lee Jennings were customers at Outback with their daughter, granddaughter and their daughter’s fiancé, according to a complaint filed Aug. 28 in Mercer Circuit Court and removed to federal court on Oct. 11.
The Jenningses claim Doe was clearing tables and a lost control of the high stack of dishes and the dishes and glasses fell off the tray.
A glass pitcher and plate hit Kathryn Jennigns and caused her to scream. Her leg began to hurt and swell and, upon leaving the restaurant, her leg gave out and she fell, according to the suit.
The Jenningses claim the Outback manager and an employee called for an ambulance and Kathryn Jennings was transported to Princeton Hospital.
The injuries Kathryn Jennings sustained were caused solely by the negligence of the defendants, without any negligence on her part, according to the suit.
The Jenningses claim Lee Jennings suffered a loss of spousal consortium, love, affection, services, society and companionship of and from his wife.
Doe was careless and reckless in rushing throughout the restaurant in such a way as to lose control over the tray that she was carrying and she failed to exercise due care in carrying the tray of plates and dishes throughout the restaurant, according to the suit.
The Jenningses are seeking compensatory damages in the amount of $10,000. They are being represented by Gloria M. Stephens.
The defendants are represented by Robert Edward Ryan of Steptoe & Johnson.
U.S. District Court for the Southern District of West Virginia case number: 1:17-cv-04150
