A man who fell onto the Metro train tracks in Washington D.C., after leaving a restaurant intoxicated is suing for negligence, claiming the staff overserved him.

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The incident took place in June 2017 after Patrick Augusma had left Maggiano’s Little Italy restaurant following dinner. According to the Associated Press, Augusma fell on the train tracks and suffered facial fractures and head trauma.

Augusma is now suing the eatery for $2 million, claiming the staff continued to serve him even though he “visibly appeared to be intoxicated,” WRC-TV reported.

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Augusma’s attorney, Keith Watters, is requesting a jury trial. The lawsuit is now up to D.C. federal judge to decide whether or not to move forward.

The Associated Press contributed to this report.