CHARLESTON – A Logan County woman is suing the Charleston Town Center after she injured her hand when she fell on an escalator at the mall.
In a lawsuit filed in Kanawha Circuit Court, Marilyn Murr says she was shopping at the mall on April 13, 2005, when she was permanently and severely injured when she suffered a fall on an escalator.
She "became caught in the escalator mechanism at the bottom of the steps and it tore the flesh from her hands down to the bone," she says in the suit, filed by attorney Wendle D. Cook.
Murr, who lives in the town of Lake, says the mall breached its duty of ordinary care by negligently failing to warn her of a dangerous condition that existed, namely a defective escalator.
As a result of the incident, Murr says she has incurred hospital and medical expenses and will incur further such expenses in the future. Also, she says she has sustained physical and mental pain which has rendered her unable to engage in activities she previously enjoyed and will continue to cause her pain and loss of enjoyment of life in the future
She seeks a judgment for compensatory damages in an amount sufficient to compensate her for her medical expenses, future medical expenses, present and future pain and suffering, loss of enjoyment of life, interest, court costs, expenses, attorney fees and other relief.
Murr seeks a jury trial.
The case has been assigned to Circuit Judge Jennifer Bailey Walker.
Kanawha Circuit Court case number: 05-C-2784