David Vardaman and his wife Elizabeth are suing the International House of Pancakes. David claims he had just entered the restaurant, "when suddenly and without warning, he tripped over rolled up mats."

According to the plaintiffs' original petition, filed with the Jefferson County District Court on Nov. 14, the incident occurred on Nov. 21, 2006. The suit also names IHOP manager Abdallah Atiyeh as defendant.

The suit says the mat that caused David injury was "improperly, negligently and carelessly placed on the premises."

"As a result…of defendants' negligence, plaintiff David Vardaman was caused to trip and fall resulting in…serious injuries and damages," the suit said.

However, the suit does not state the nature of David Vardaman's injuries.

The suit only says the defendants were grossly negligent for their blatant disregard for the health and safety of others.

David is suing for past and future medical expenses, mental anguish and pain.

His wife is suing for loss of consortium.

The couple is represented by attorney Scott Browne of the Browne & Browne law firm.

Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

Case No. D180-751

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