WEST VIRGINIA RECORD

CHARLESTON – A Kanawha County man has sued a convenience store, claiming he slipped and fell at the store.

In a lawsuit filed last month in Kanawha Circuit Court, Willis Moore says he was shopping at the Shop & Go on Dec. 19, 2003, when he slipped on a substance that was on the floor and fell, injuring himself.

There are two Shop & Go locations – one on Washington Street East in Charleston and another in Pinch – listed in the Charleston-area phone book. It is not clear in the lawsuit at which store the incident occurred.

In the suit, filed by attorney William H. Harding, Moore says the defendant had a duty to provide a hazard-free environment for its patrons or to warn patrons of hazards. He claims the defendant knew or should have known there was a substance on the floor creating a hazard, and that the defendant negligently failed to take steps to either make the condition safe or to warn the plaintiff and others of the dangerous condition.

Moore says he suffered bodily injuries and continues to do so as a result of the mishap.

He seeks a sum to fully compensate him for damages, including past and future medical expenses, physical pain and suffering, mental anguish, emotional distress, limitation of activities and diminution in the ability to enjoy his life. He also seeks interests, attorney fees, expenses and other relief. He seeks a jury trial

The case has been assigned to Circuit Judge Tod Kaufman.

Kanawha Circuit Court case number: 05-C-2751