Kyla Asbury Aug. 2, 2013, 12:40pm
CHARLESTON - A woman who allegedly slipped and fell at Handi-Man Car Wash II is suing after she suffered permanent injuries to her arm.
Couture Enterprises Inc. is doing business as Handi-Man Car Wash II.
On July 21, 2011, Jessie Ann Foster was a passenger in a 2010 Chevrolet Cobalt owned by her, but being driven by her daughter, when the two women stopped to get both the exterior and the interior of the car washed at the defendant's facility, according to a complaint filed July 16 in Kanawha Circuit Court.
Foster claims she was a business invitee of the defendant and after employees, agents and servants of the defendant cleaned the exterior of the car, they asked Foster and her daughter to exit the car so the interior could be cleaned.
Due to the exterior cleaning of the car, there was soap, water and other unknown cleaning chemicals on the concrete in the area where the defendant asked Foster to exit the car, according to the suit.
Foster claims as a result of the soap, water and unknown cleaning chemicals, the concrete was wet and slippery.
When Foster exited the car, she slipped and fell and landed on her right arm and, as a result of the fall, fractured the distal radius in her right arm, according to the suit.
Foster claims the defendant had a duty of reasonable care to any non-trespassing entrant and invitee and a duty to keep the premises of the car wash facility free from hazards.
The defendant breached these duties and negligently allowed her to exit the car in an area where water, soap and other cleaning chemicals were allowed to accumulate, according to the suit.
Foster claims the defendant is liable for her injuries.
As a result of the defendant's negligence, gross negligence and recklessness, Foster suffered a permanent right arm injury, which resulted in great pain and suffering to her body and mind; endured medical procedures, medications and other expenses; and suffered a loss of enjoyment of life, according to the suit.
Foster is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Brian L. Ooten of Shaffer & Shaffer PLLC and Peter A. Hendricks.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 13-C-1322