PORTSMOUTH, N.H. — A New Hampshire couple has filed a lawsuit against a Portsmouth restaurant, saying it over-served an intoxicated patron who attacked the husband and gave him a concussion.

Theodore and Christine Vrettos say in their lawsuit that Demeter’s Steakhouse was negligent in continuing to serve Derek Malila on Jan. 30. They are also suing Malila for assault and battery and emotional distress.

The Vrettoses claim Malila grabbed Theodore Vrettos and threw him to the ground in an assault “completely unprovoked.”

The restaurant owner says they plan to conduct a “thorough review of the facts.”

Malila’s attorney has not responded to requests for comment.

The Vrettoses are seeking a jury trial and an undisclosed amount in damages.