CHARLESTON – A couple blames the owners of the St. Albans Mall, the Radio Shack at the shopping center and the company hired to clean the parking lot for the wife's slip and fall on the parking lot.
In a lawsuit filed Jan. 5 in Kanawha Circuit Court, Ramona and Danny Vincent say Radioshack Corporation doing business as Radio Shack of St. Albans, R D Management Corp. and Appalachian Lawn & Landscaping LLC are liable for the injuries she sustained in the incident on Jan. 6, 2004.
The suit, filed by attorney Samuel F. Hanna, says Ramona Vincent was getting out of her vehicle to enter Radio Shack when she slipped on a patch of ice and fell. The injuries she sustained, the suit says, required medical attention.
The Vincents argue that the defendants "had a duty to keep and maintain the parking lot in a safe condition."
The suit goes on to say that the defendants failed to warn the public of a dangerous situation that may be present, failed to maintain the parking lot as not to endanger the general public and failed to keep the parking lot, primarily used for business invitees, clean and in good repair.
As a result of the incident, the suit says Ramona Vincent has and will endure great pain and suffering in mind and body and permanent injury, has and will incur medical expenses, has suffered loss of income, has and will suffer mental anguish, has and will suffer loss of capacity of enjoyment of life and has and will suffer annoyance inconvenience and aggravation.
Her husband sues for past and future loss of society, companionship, guidance, kindly offices and advice of his wife.
The couple seeks compensatory and punitive damages jointly and severally as well as pre- and post-judgment interests, costs, expenses, attorney fees and other relief.
They seek a jury trial.
The case has been assigned to Circuit Judge Irene Berger.
Kanawha Circuit Court case number: 06-C-11