The Register-Herald, Beckley, West Virginia

Police/Courts

January 26, 2009

Greenbrier man sues restaurant company

By Christian M. Giggenbach

LEWISBURG — A Greenbrier County resident has filed a civil lawsuit against Wendy’s hamburger restaurant chain for injuries allegedly sustained from an “unreasonably dangerous toilet paper dispenser.”

Daryl L. Hodges, of Clintonville, named Wendbeck Corp., a New York company doing business in West Virginia as Wendy’s, as the sole defendant in the case filed by the Lewisburg law firm Pyles Turner & Mick.

The suit alleges Hodges was using the restroom in Wendy’s located in Ronceverte which had a “toilet paper dispenser containing multiple oversize rolls (15 inches or more) of toilet paper.” The suit alleges Wendy’s was negligent in operating an “unreasonably dangerous” toilet paper dispenser.

“As (Hodges) pulled on the toilet paper, the dispenser gave away, causing the cover to open and the oversize rolls of toilet paper to fall, striking and seriously injuring the plaintiff’s right hand,” the suit said. “... plaintiff has suffered and will continue to suffer bodily injuries requiring medical treatment and related expenses, physical pain and suffering, mental anguish, emotional distress, a diminution in the ability to enjoy life and other general damages.”

The lawsuit did not specify the types of injuries Hodges allegedly incurred nor did it ask for a specific amount in monetary damages.

— E-mail: cgiggenbach@ register-herald.com

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