Upshur couple sues Burger King for injuries
Kyla Asbury Sep. 19, 2012, 7:33am
MORGANTOWN -- An Upshur County woman and her husband are suing Burger King for failing to warn her of a hazard in the restaurant.
On Jan. 26, Erica Clark was a non-trespasser/business invitee on Burger King's property when she slipped and fell and was injured, according to a complaint filed Aug. 21 in Monongalia Circuit Court.
Clark claims she injured her left arm as a result of the defendant's negligence and carelessness in maintaining, inspecting, repairing and monitoring its floor area.
Burger King had actual knowledge or should have had knowledge of the existence of the dangerous, hazardous, defective and unsafe conditions created by their "grossly insufficient, inadequately maintained, defective and/or negligently and improperly maintained, inspected, repaired, remedied and monitored business property," according to the suit.
Clark claims the defendant failed to take precautions to protect customers from known and reasonably anticipated injuries and damages.
Burger King failed to warn Clark of the hazardous condition and failed to implement proper safety protocol, according to the suit.
Clark and her husband, Mark Clark, are seeking compensatory and punitive damages. They are being represented by Erika Klie Kolenich.
Monongalia Circuit Court case number: 12-C-554