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Tuesday, April 16, 2024

Applebee's customer claims umbrellas caused fall

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CHARLESTON – A patron of a Charleston restaurant alleges umbrellas placed at the entrance of the restaurant caused him to fall.

Mark Hudnall filed a complaint in Kanawha Circuit Court against Neighborhood Hospitality Inc., doing business as Applebee's Bar & Grill, alleging negligence.

According to the complaint, the plaintiff alleges that on Sept. 5, 2016, he was a lawful invitee at defendant's Applebee's Bar & Grill and was injured when he tripped and fell over protruding umbrellas that were laid up against the wall at the restaurant's entrance. He alleges the incident caused injuries to his right knee, right elbow, head and neck.

The plaintiff holds Neighborhood Hospitality Inc. responsible because the defendant allegedly negligently permitted the premises to remain in a dangerous condition by allowing commercial umbrellas to be stacked in the restaurant's pedestrian entrance.

The plaintiff requests a trial by jury and seeks damages of more than $75,000, attorney's fees, costs and such other general and necessary relief. He is represented by Robert M. Williams of Maroney, Williams, Weaver & Pancake PLLC in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number 18-C-102

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