CHARLESTON - A lawsuit against Trivillian's Pharmacy of Kanawha City Inc. for injuries allegedly sustained from a fall has been settled and dismissed.

Paula C. Butterfield, the owner of the pharmacy, was also named as the defendant in the suit.

The dismissal order was filed April 11 in Kanawha Circuit Court.

A letter was sent to the court on March 7 from Ciccarello, Del Giudice & LaFon - Attorneys at Law informing the court that the civil action had been resolved and there was no need for the pre-trial conference on March 8 or the trial on March 18, according to the letter.

On Oct. 29, 2009, Annette M. Bennett was walking up a sidewalk to the pharmacy when she tripped due to the uneven surface on the sidewalk and was injured, according to a complaint filed Aug. 8, 2011, in Kanawha Circuit Court.

Bennett claimed the defendants had a duty to maintain their premises in a reasonably safe and injury-free condition.

The defendants breached their duty by failing to maintain the premises, according to the suit.

Bennett and her husband, Timothy Bennett, were seeking compensatory damages. They were being represented by Timothy J. LaFon of Ciccarello, Del Giudice & LaFon - Attorneys at Law.

The defendants were represented by David P. Cook Jr. of MacCorkle Lavender & Sweeney PLLC.

The case was assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 11-C-1315

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