CHARLESTON — A South Charleston woman is suing the Kroger Co., after she claims she slipped on a vegetable in the produce section and fell.
Kroger Limited Partnership I; KRGP, Inc.; and John Doe were also named as defendants in the suit.
On June 29, 2011, Ivah M. Wilson was shopping in the produce section of the Kroger store in South Charleston when she slipped on a vegetable that was lying in the floor and fell, according to a complaint filed Aug. 22 in Kanawha Circuit Court.
Wilson claims she immediately felt intense pain in her pelvis and tail bone areas and was assisted to her car by a Kroger employee and drove herself home, but shortly after arriving home, she called an ambulance and was transported to Thomas Memorial Hospital, where it was determined that she suffered from a non-displaced right sacral fracture.
As a result of the fall, Wilson suffered serious physical injury and pain; incurred medical expenses; suffered from mental anguish and lost capacity to participate in life’s activities; and suffered from a loss of enjoyment of life, according to the suit.
Wilson claims the defendants had a duty to provide a safe environment for guests, and breached that duty by not properly maintaining the premises.
The defendants saw or should have seen the hazardous condition, but consciously overlooked/ignored the hazardous condition despite clear knowledge that it posed a fall/tripping hazard to guests, according to the suit.
Wilson is seeking compensatory and punitive damages. She is being represented by Bernard E. Layne III.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 12-C-1692