Fluid situation in Denny's bathroom injures customer, suit says

Ann Knef Feb. 13, 2008, 5:36am

Denny's in O'Fallon

Otis Saine filed a $50,000 personal injury suit against Jomar Investments, doing business as Denny's, claiming he fell in the restaurant's bathroom because "(defendant) allowed and/or permitted fluids to be and remain on the floor..."

Saine, represented by John D. Warner of Gault & Warner in Clayton, Mo., claims the incident occurred on June 18, 2006, at the restaurant located at 737 West Highway 50 in O'Fallon.

According to the suit filed Feb. 12 in St. Clair County Circuit Court, Saine injured his back, as well as aggravated a prior back cndition, incurred medical expenses and suffered disability.

He claims the restaurant also is negligent for failing to provide a non-skid surface in the bathroom.

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