MOUNDSVILLE — A Wood County man and his wife are suing Acapulco Mexican Restaurant for injuries sustained while he was working.
Bernard Braham was working as a delivery person for U.S. Foods and was making a delivery to Acapulco Mexican Restaurant on Feb. 28, 2020, according to a complaint filed in Marshall Circuit Court.
Braham claims he safely loaded 300 pounds of Acapulco's purchases onto a dolly and approached the delivery entrance and was on the walkway ramp when the structure broke and gave way, causing him to fall and the delivery to fall on him, trapping him.
Acapulco had a duty to provide safe premises in compliance with building codes and zoning ordinances and their premises were defective and unreasonably dangerous, containing structural flaws not apparent to the plaintiff, according to the suit.
"As a direct and proximate result of his fall, Bernard Braham suffered debilitating injuries to his leg, knee and other parts of his body, pain and suffering, and injuries that will require medical treatment for the remainder of his natural life," the complaint states. "He has lost the ability to earn a living and his wife has lost the value of consortium, services, society and companionship of her husband."
Braham and his wife, Melinda Braham, are seeking compensatory damages. They are represented by David A. Sims of the Law Offices of David A. Sims PLLC in Vienna.
Acapulco filed an answer to the complaint, denying that Bernard Braham had his dolly on the walkway and ramp and that the structure broke.
Acapulco contends that all damages that the plaintiff claims were caused by the plaintiff or by some person, persons or entity other than the restaurant.
"The Plaintiffs have failed to join a party needed for just adjudication pursuant to Rule 19 of the West Virginia Rules of Civil Procedure," the answer states.
The defendant is represented by Keith C. Gamble of Pullin, Fowler, Flanagan, Brown & Poe in Morgantown.
The case is assigned to Circuit Judge Jeffrey Cramer.
Marshall Circuit Court case number: 22-C-12
