WEST VIRGINIA RECORD

WINFIELD -- A girl seeks damages from Big Sandy Superstores after she says she fell on a bed display at the company's Teays Valley store.

Courtney Whittington, through her mother Melissa Whittington, filed the complaint June 8 in Putnam Circuit Court.

The complaint says Whittington and her mother were shopping at Big Sandy in Liberty Square in Teays Valley on June 9, 2004, "when she sat on a bed on display and fell off and injured herself on a rail that was negligently protruding from the bed."

In the complaint, filed by Charleston attorney Timothy LaFon, Whittington says Big Sandy had a duty to maintain the premises of the store in a safe and injury-free condition. She says the company breached that duty.

As a result of the incident, Whittington claims she incurred both physical and mental injuries, some permanent in nature. She also says she incurred severe physical and mental pain and suffering, emotional distress, mental anguish, loss of enjoyment of life and physical impairment, all of which she says are certain to continue in the future.

She also says she has incurred substantial medical treatment and bills and will have more in the future.

Whittington seeks compensatory damages, court costs and expenses, attorney fees and other relief.

The case has been assigned to Circuit Jude O.C. "Hobby" Spaulding.

Putnam Circuit Court case number: 06-C-190