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August 10. 2012 1:52AM

Loose toilet seat causes fall, sparks lawsuit against theater

BRENTWOOD — A Nashua man is suing the owner of a Londonderry movie theater, claiming a troublesome toilet seat caused him to slip and fall against a wall.

George H. Spottiswood Jr. filed a civil suit Wednesday in Rockingham County Superior Court following the mishap he claims occurred Sept. 5, 2009 at Apple Tree Cinema 12.

In the suit, Spottiswood said he went into the handicapped restroom stall and was severely injured when the toilet seat slipped because it wasn’t attached to the base of the toilet. He claims he slipped and fell against a tiled wall.

Spottiswood accuses theater owner O’neil Cinemas of negligence for the faulty toilet seat, arguing he suffered “numerous damages and losses, including but not limited to severe and permanent physical injuries, extreme pain and suffering, medical procedures and therapies, medical expenses, emotional distress and mental anguish, and (he) will continue to suffer damages and losses of all of the same for a long time in the future,” the suit said.

The suit, which seeks unspecified monetary damages, also accuses the theater of failing to provide a “safe environment” for viewing movies and using the restroom facilities.

Spottiswood argues that the toilet seat incident was also a violation of the New Hampshire Consumer Protection Act because it constituted “unfair and deceptive acts and practices” on behalf of the theater.

A representative from O’neil Cinemas could not be reached for comment Thursday.

Spottiswood is being represented by Francis X. Quinn Jr. of the law firm Boynton, Waldron, Doleac Woodman and Scott of Portsmouth.

O’neil Cinemas is the same company building a new theater in Epping. Construction is underway on a 12-screen theater in the Brickyard Square shopping center at the junction of Route 125 and 101. The theater is scheduled to open in September.

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Jason Schreiber may be reached at jschreiber@newstote.com.


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