Ellen Saville filed a personal injury suit against Tony's restaurant in Alton alleging it supplied her with a faulty chair.Maintain its chairs which they provided to customers;
According to Saville, she was having dinner with a group of friends at Tony's on Feb. 4, 2006, when the back of her chair separated from the rest of the chair causing her to fall with "great force."
"Tony's had a duty to maintain its chairs prior to the chairs being used by its customers," states the complaint filed Sept. 11 in Madison County Circuit Court.
Saville claims Tony's negligently and carelessly failed to:
Timely inspect and repair the chair provided to her;
Replace the chair; and
Warn her that there was a defect with the chair.
She also claims that she did not misuse the chair in any way and that the defective nature of the chair was in no way open or obvious to her.
"The defendant, by and through its employees, agents, and/or servants, prior to and at the time of the injurious occurrence was negligent," the complaint states.
Saville claims the fall from the chair caused severe and permanent injuries to her left shoulder and other areas of her body that caused great physical pain and mental anguish, medical expenses, disability, disfigurement and loss of a normal life.
Represented by Michael Glisson of Alton, Saville is seeking a judgment in excess of $50,000, plus costs of the suit.
07 L 805