Man sues Kroger for entryway fall

By Carol Ostrow | Apr 16, 2015

NEW CUMBERLAND — A Brooke County resident filed suit against a large retail firm for alleged liability in a 2015 store incident.

Shawn D. Burns, of Weirton, filed a complaint against the Kroger Co. on March 27 in Hancock Circuit Court, claiming negligence in a February 2015 occurrence.

Burns was a customer at the Kroger store at 3558 Main St. in Weirton on or about Feb. 4, 2015.

The suit states that Kroger had a duty to provide a safe environment. According to the filing, the plaintiff allegedly fell due to hazardous conditions in the store’s entryway.

The plaintiff cites Kroger with failing to inspect, maintain and repair its premises to keep it free of hazard, as well as neglecting to warn him and other customers of the dangerous conditions or to provide safeguards such as instructions or warning signs in the area.

Alleging negligent, careless and/or reckless conduct on the defendant’s part, the plaintiff cites severe and disabling injuries; medical expenses; past and future pain and suffering, mental anguish, and aggravation; inconvenience; loss of enjoyment of life; and the loss of ability to function.

The plaintiff seeks compensatory damages, pre- and post-judgment interest, attorneys’ fees, and costs.

Burns is represented by M. Eric Frankovitch, of Frankovitch, Anetakis, Colantonio & Simon in Weirton. The case has been assigned to Judge James P. Mazzone.

Hancock Circuit Court case number: 15-C-37-M

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