CHARLESTON -- A woman and her husband are suing Kanawha Home Hardware after she fell on the premises and was injured.

On Feb. 11, 2008, Phyllis J. Dunbar was leaving the premises of Kanawha Home Hardware when she tripped on the steps leading from the checkout counter to the exit of the store, according to a complaint filed Feb. 11 in Kanawha Circuit Court.

Kanawha Home Hardware failed to properly design, construct or erect the steps, warn the public and negligently placed the checkout counter in close proximity to the steps that placed invitees at a risk of distraction, according to the suit.

Dunbar claims she experienced pain and suffering, incurred medical expenses and costs, suffered a loss of income and earning capacity, suffered significant annoyance and inconvenience and a loss of enjoyment of life.

Dunbar and her husband, Thomas E. Hart, are seeking compensatory damages. They are being represented by Charles Phalen.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-266

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