CHARLESTON – A Kanawha County woman is suing Tractor Supply Company Inc. after she claims she was injured while in one of its stores.
Chuck Smith, the manager of the store, was also named as a defendant in the suit.
On May 13, Cheryl McCallister was at Tractor Supply in Kanawha County when both of her feet got caught on an empty pallet hidden under some cardboard located right of the dog food she was retrieving, according to a complaint filed March 5 in Kanawha Circuit Court.
McCallister claims the defendants later acknowledged the empty pallet should not have been there and it should not have been hidden.
As a consequence of the hidden hazard, McCallister's feet got caught, she fell and she was severely injured, according to the suit.
McCallister claims after the incident, the defendant's assistant manager told her that they had not got around to moving the pallet yet.
The defendants had a duty to maintain its premises in a reasonably safe condition and had a duty to keep an adequate lookout for unsafe conditions for the reasonable protection of those walking on the premises, according to the suit.
McCallister claims the defendants negligently failed to perform its duties and caused her to be taken by ambulance to Charleston Area Medical Center, where she was treated for injuries to her neck, back, knees and feet.
As a result of the defendants' negligence, McCallister sustained pain and suffering; lost earning capacity; loss of enjoyment of life; medical expenses; and other injuries, according to the suit.
McCallister is seeking compensatory and punitive damages. She is being represented by Rudolph L. DiTrapano, J. Timothy DiPiero and Robert M. Bastress III of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 15-C-457