Woman trips over floor mat, sues McDonald's

By Annie Cosby | Dec 30, 2014

PRINCETON – A McDowell County woman is suing over claims she was injured when she tripped on a floor mat at McDonald's.

Fayetta Herndon filed a lawsuit Dec. 10 in Mercer Circuit Court against Gene M. Forbes Enterprises Inc., citing negligence.

According to the complaint, Herndon was attempting to enter the defendant's McDonald's restaurant on Bluefield Avenue in Bluefield on Feb. 4, when she tripped on a floor mat that had migrated partially under the door, creating a tripping hazard. Herndon says she fell forward, striking her face on the hard tile floor of the restaurant and sustained injuries, including two fractures in her right arm.

The defendants are accused of negligence in allowing the tripping hazard to continue and is being sued pursuant to respondeat superior. Herndon says she has incurred medical expenses of $6,017 and has been forced to find alternative care for her father costing more than $2,200.

Herndon seeks up to $74,000 in damages, including interest and costs of litigation.

She is represented by attorney William H. Sanders III of Sanders, Austin, Flanigan and Flanigan in Princeton. The case has been assigned to Circuit Judge William J. Sadler.

Mercer County Court case number: 14-C-608-WS

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