MORGANTOWN – A Marion County woman says a chair overturned when she tried to sit in it and is blaming TJ Maxx.
Rosalie Shaffer filed a lawsuit Nov. 28 in Monongalia Circuit Court, alleging that the department store is to blame for negligent maintenance.
The alleged incident took place Aug. 9 at the department store’s Granville location.
“Plaintiff Shafer was lawfully upon the premises… and while exercising due care for her own safety and being unaware of any unsafe conditions, sat on a chair which was for sale,” the complaint says. “Upon sitting on the chair, the chair overturned with Plaintiff Shaffer still in the chair. Plaintiff Shaffer was seriously injured.”
Shaffer blames says TJ Maxx did not specify that the chair on which she sat was not safe.
“Upon sitting on the chair… and as a proximate result of at least one if not more of the chair’s legs being off the edge of the dais, the chair overturned with Plaintiff Shaffer still in the chair,” the complaint says.
Listed injuries are: Rib cage contusion; strain of the back, shoulder, neck and arm; chronic pain in the upper torso, including an inability to take deep breaths or coughs without substantial pain; right leg contusion; pain along the entire left side of the body; and depression.
Pain medications also caused nausea and vomiting, the suit says. Shaffer seeks compensation for these things, as well as hospital expenses, lost wages, mental anguish, loss of self support and loss of capacity to enjoy life.
Lance Rollo, an attorney in Morgantown, is representing Shaffer, who says her lost wages and medical expenses combined to cost her nearly $9,000.
Monongalia Circuit Court case number 06-C-772