Florida woman sues after fall at Kanawha City Foodland

CHARLESTON – A Florida woman has filed a lawsuit against a Kanawha City grocery store after she fell there during a visit two years ago.

Rebecca A. Craig of Jacksonville, Fla., filed the lawsuit Foodland of Kanawha City herself on June 29 in Kanawha Circuit Court.

Craig says she and her family were visiting relatives for the July 4th weekend of 2004. On July 6, she says she and her late father-in-law Robert Craig and family friend Wayne Richmond went to the Foodland between 8 and 9 a.m.

Her detailed, one-page handwritten complaint says that after parking in the fire lane right beside the Coke machines in front of the store, the three of them entered the store. Her father-in-law went to the service counter to pay a bill. Richmond went to buy a beer, and she went to get eggs and bacon.

"Robert Craig and Wayne Richmond finished buying their items and walked back to the car," she writes. "While sitting in the car, they watched an employee take the trash out.

"The plaintiff returned to the register with the two items and picked up a Woman's World magazine and checked out at the register."

After paying for her items, Rebecca Craig says she turned and starting walking. But two feet from the register, "the plaintiff started sliding and trying to catch her balance.

"A customer walking sees the plaintiff hit the floor hard and the customer was sliding, too. As he tried to catch her, plaintiff lays on the floor in pain."

She says a store manager asked her if she was with anyone.

"Yes, my father-in-law Robert Craig is out in a blue car out in front of the store," she replied.

She says the manager then asked the customer who tried to help her to go out to the car and retrieve Robert Craig and Richmond. Then, he asks the two men to pick the plaintiff up.

"Robert and Wayne tell the manager, 'We can't pick the plaintiff up. You need to call an ambulance."

The manager insists they pick her up and take her Urgent Care.

"That's where we send our employees when they get hurt," the manager said, according to Craig's complaint.

Meanwhile, the employee who was taking out the trash returns and sees Craig on the floor.

"The manager says, 'Go get some paper towels and clean this mess up.'

"The employee goes to get two paper towels, and the manager says, 'No, go get more paper towels. You need to clean this mess up. So the employee returns with more towels, and he starts to clean the floor and the plaintiff."

Then, the manager tells the employee to get the Wet Floor signs out before sending other customers to use the other door.

Craig says the manager then took down her and her parents' phone numbers, but that no accident form was filled out.

Then, her father-in-law took her to the Emergency Room of Charleston Area Medical Center's Memorial Hospital.

"They treated the plaintiff's injuries … leg, lower back and neck, which the medical records show."

Craig does not specify what damages she seeks.

The case has been assigned to Circuit Judge Paul Zakaib.

Kanawha County Circuit Court case number: 06-C-1278