CHARLESTON – A Kanawha County woman is suing Sam's Club and an optometrist she claims are responsible for her injuries.
Sam's Club's store manager, Joel Myers, was also named as a defendant in the suit.
On April 29, Marbera Holstein was had an eye appointment with Dr. C.K. Agarwal at Sam's Club when a fire extinguisher fell from the wall above and struck her head, neck and shoulder areas, causing her injuries, according to a complaint filed Feb. 10 in Kanawha Circuit Court.
Holstein claims the defendants had a legal duty to ensure that the premises were maintained in a safe and responsible manner.
The defendants breached their duty by failing to ensure that the fire extinguisher was securely attached and/or mounted to the wall in a safe and proper manner which would not cause the fire extinguisher to fall and cause harm to Holstein, according to the suit.
Holstein claims the defendants caused her to suffer injuries and damages, including to her head, shoulder, neck, headaches, neck strain/sprain, exacerbation of pre-existing conditions to her cervical spine and other injuries.
The defendants' actions and inactions were careless, reckless, wanton and willful and were done with careless indifference to the safety of others, according to the suit.
Holstein is seeking compensatory damages with pre- and post-judgment interest. She is being represented by William C. Forbes and W. Jesse Forbes of Forbes Law Offices PLLC.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 15-C-324