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A man, arriving early for a meeting at Whataburger, notified the cashier that the floor was slippery. During the meeting, he went to refill his drink when he slipped and fell, striking his head on the floor.

His wife, who also happens to be a registered nurse, saw him unconscious on the floor with blood beneath his head. Using a spoon she was able to create an airway for her husband to begin breathing which allowed him to regain consciousness.

Emergency services arrived and transported him to the hospital where he was found to have head injuries that included a three-inch laceration. He was discharged after receiving three staples to close the injured area.

The Colorado couple filed a personal injury lawsuit in the Marshall Division of the Eastern District of Texas, against the Longview Whataburger, alleging the restaurant failed to maintain the floor in safe condition.

The lawsuit seeks damages for mental anguish suffered, medical bills, physical impairment, physical pain, loss of earning capacity, loss of consortium along with pre-and post-judgment interest.

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