Ohio woman sues after fall at Huntington Mall
Kelly Holleran Sep. 28, 2009, 9:25am
BARBOURSVILLE – An Ohio woman claims fell while shopping in the Huntington Mall after a Zales employee failed to warn her of an object on the floor.
Melody Shupe filed a lawsuit Aug. 17 in Cabell Circuit Court against Cafaro Company, doing business as Huntington Mall Company, and Zale Delaware, doing business as Zales Jewelers.
Shupe claims she was walking through the mall in front of Zales Jewelers on Aug. 18, 2007, when she slipped on a foreign substance located on the floor near the store's entrance.
Because of her fall, Shupe suffered serious injury to her left foot, left ankle, left knee, left tib-fib area, left hip and suffered headaches and blurred vision, according to the complaint. In addition, Shupe suffered a decreased ability to perform her everyday functions, suffered severe pain, mental and emotional distress and was required to undergo surgery, the suit states.
Shupe is blaming Zales and the Huntington Mall for failing to warn her of the foreign substance on the floor.
"An employee of defendant Zale knew of the presence and location of the substance," the suit states. "An employee of Defendant Zale took no action to warn an invitee, including Plaintiff, of the presence and potential danger of said substance."
Shupe is seeking compensatory and punitive damages, plus attorney's fees, costs and other relief the court deems just.
Michael N. Eachus of Gallipolis will be representing Shupe. The case has been assigned to Cabell Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 09-C-683