CHARLESTON – A Kanawha County woman says a store at the Kanawha Mall is to blame for her falling and injuring herself in the mall parking lot.
Yvonne Perkins filed the lawsuit against Gabriel Brothers Inc. on Jan. 12 in Kanawha Circuit Court.
In the suit, Perkins says she was at the Kanawha Mall location on June 7, 2005, when she fell in the parking lot immediately adjacent to the Gabriel Brothers store, and she blames her fall on negligence by the defendant.
"Gabriel Brothers Inc. completely controlled the area where the plaintiff, Yvonne Perkins, fell," the suit alleges.
She claims Gabriel Brothers negligently created a specific unsafe place to walk by failing to repair holes in the parking area and by failing to control and warn of unsafe areas in the parking lot.
As a result of this negligence, Perkins says she fell and fractured her ankle. That has led to large medical expenses and will require more such expenses in the future, she claims.
In the suit, filed by Charleston attorney Cynthia M. Ranson, Perkins also says she has suffered severe and permanent personal injury which has caused a loss of earnings and earning capacity. In addition, she says she has endured pain and suffering, mental anguish and emotional distress, annoyance and inconvenience and the loss of ability to enjoy life.
She seeks a judgment for compensatory and general damages to be determined by a jury, along with court costs, attorney fees and other relief.
The case has been assigned to Circuit Judge Jim Stucky.
Kanawha Circuit Court case number 06-C-50