Bench gives way at Popeye's Chicken and Biscuits, suit claims

Kelly Holleran Sep. 14, 2011, 2:14am


A man has filed suit against Popeye's restaurant, alleging he sustained leg and back injuries after a chair collapsed when he sat in it.

Joe Cathey claims he was visiting Popeye's Chicken and Biscuits in Fairview Heights on Sept. 3, 2009, where he ordered food, then sat down in a booth.

Upon sitting, Cathey felt the bench give way and collapse beneath him, according to the complaint filed Aug. 31 in St. Clair County Circuit Court.

In addition to his injuries, Cathey experienced numbness, extreme pain, suffering, anxiety and mental distress and incurred substantial medical costs because of the incident, the suit states.

Popeye's Chicken and Biscuits negligently failed to use ordinary care in maintaining its premises, failed to keep its facilities safe, failed to warn of the poor seating condition and failed to instruct its employees to repair the seating, the complaint says.

In his three-count complaint, Cathey is seeking a judgment of more than $150,000, plus costs and other relief the court deems just.

Ronald A. Roth of Roth Evans in Granite City will be representing him.

St. Clair County Circuit Court case number: 11-L-486.

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