Elkview woman sues K-mart, Sears for injuries

CHARLESTON -- An Elkview woman is suing K-mart Corporation and Sears Holdings Corporation for injuries she sustained in one of the defendants' stores. On Aug. 26, 2010, Cheryl L. Bodkins was shopping inside K-mart in Elkview when she slipped and fell backward, striking her head, back and coccyx on the floor, according to a complaint filed July 18 in Kanawha Circuit Court. Bodkins claims a bottle of liquid fabric softener developed a leak and began to leak out of the bottle onto the floor and by the time she entered the aisle containing the fabric softener, all the liquid in the bottle was on the floor, creating a hazardous and dangerous condition. Prior to Bodkins' fall, the defendants knew or should have known about the hazardous and dangerous condition created by the spilled fabric softener, according to the suit, however, they failed to take any type of corrective action concerning the spill. Bodkins claims the defendants owed a duty to the public to maintain their premises in a reasonably safe condition and failed to do so. The defendants' negligence caused Bodkins to suffer emotional distress; annoyance and inconvenience; physical pain and suffering; mental anguish; emotional distress; diminution in the ability to enjoy life; and limitations of her ability to perform daily activities in the future, according to the suit. Bodkins is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Robert H. Miller II and Shawn R. Romano. The case has been assigned to Circuit Judge Paul Zakaib Jr. Kanawha Circuit Court case number: 12-C-1400

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