Couple sue over alleged injuries at Charleston mall parking garage

By Kyla Asbury | Dec 16, 2013

CHARLESTON - A couple are suing Forest City Enterprises Inc. after they claim injuries were sustained in its parking garage facility.

Forest City Rental Properties Corporation was also named as a defendant in the suit.

On Dec. 3, 2011, Carol Bowyer visited the Charleston Town Center Mall and purchased parking in the defendants' downtown parking facility, according to a complaint filed Dec. 2 in Kanawha Circuit Court.

Bowyer claims after completing her shopping, she exited the mall and began looking for her vehicle in the parking garage.

As Bowyer proceeded toward the area where her vehicle was parked, she lost her footing and fell forward, striking another vehicle and the ground, according to the suit.

Bowyer claims she suffered the fall as a result of dangerous and hidden conditions and/or defects located in the parking garage operated by the defendants.

As a result of the fall, Bowyer suffered extensive and permanent physical injury, according to the suit.

Bowyer claims the defendants knew or should have known of the dangerous conditions present in the parking facility and took no steps to remediate the dangerous conditions.

Walter Bowyer suffered a loss of marital consortium and loss of income due to his wife's injuries, according to the suit.

The Bowyers are seeking compensatory and punitive damages. They are being represented by John J. Mize of the Mize Law Firm PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-2232

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