CHARLESTON - A Summersville couple says Gabriel Brothers clothing store is to blame for injuries sustained on a visit there.
Dawn Moore and Dencel Moore filed a lawsuit June 30 in Kanawha Circuit Court against Gabriel Brothers, alleging that a shelf fell off the wall and struck Dawn in the neck on Dec. 2, 2004.
They say the shelf was improperly secured to the wall.
"As a direct and proximate result of the reckless and negligent conduct… Plaintiff Dawn Moore has suffered severe and disabling injuries, including but not limited to, back, neck, head, jaw and extremity injuries and has incurred an excessive amount of medical expenses," the complaint says.
Phillip M. Stowers of Stowers and Associates in Charleston is representing the Moores. Dawn says she was shopping at the Gabriel Brothers in Beckley when the incident occurred.
She says she "incurred severe pain and suffering, mental anguish, emotional distress, loss of ability to enjoy life, impairment of earning capacity, impairment of the ability to care for herself and her family and other general damages."
Dencel says he lost consortium with his wife, as well as solace, society and companionship.
The two are seeking compensatory damages plus court costs.
Judge Irene Berger has been assigned the case.
Kanawha Circuit Court case number 06-C-1289