Woman falls, sues Kroger
John O'Brien Sep. 29, 2006, 3:34am
CHARLESTON - A Charleston woman says Kroger grocery store had a duty to protect her from dangerous conditions and is suing it for not doing so.
Tracy Ferguson filed a lawsuit Sept. 22 in Kanawha Circuit Court against Kroger Co., claiming she slipped on a slick walkway and it is Kroger's fault.
The alleged incident occurred Sept. 28, 2004.
"Defendant, Kroger Co., owed a duty to Plaintiff Tracy Ferguson to protect her from dangerous or defective conditions while exiting in the area leading up to the entrance/exit of the store," the complaint says.
As a result of Ferguson's fall on the slick walkway, she says she injured her left arm and elbow and had numerous other bruises.
She is suing for loss of enjoyment of life and severe mental, physical and emotional pain, as well as medical bills and lost wages.
Mark Staun of the Segal Law Firm in Charleston is representing Ferguson.
Judge Irene Berger has been assigned the case.
Kanawha Circuit Court case number 06-C-1992