Woman says she tripped over broken concrete

CHARLESTON - A Charleston woman says she tripped and fell in front of a K-Mart in a lawsuit against the company.

Sue Loudermilk filed the lawsuit July 17 in Kanawha Circuit Court.

She says she was visiting the K-Mart in Patrick Street Plaza in Charleston on July 17, 2004, when the incident occurred.

"Upon exiting her car in the parking lot of Defendant's premises, Plaintiff obtained a shopping cart from the parking lot, placed her purse and oxygen container in the cart and proceeded to the entrance of the defendant's business, pushing the shopping cart ahead of her," the lawsuit says.

It adds that where the sidewalk was sloped to allow carts to roll over it, "Plaintiff tripped over a section of broken concrete and rubble and fell, causing injuries to both knees and strain to her shoulders and back."

She claims K-Mart breached its duty to provide a safe walking area and caused her permanent injury.

Loudermilk claims to have incurred pain and suffering, mental anguish, inconvenience, annoyance and loss of enjoyment of life.

Physically, she says she suffered bruises and abrasions.

Ellen Golden of Golden Law Office in Charleston is representing the plaintiff, who seeks compensatory damages and court costs.

Judge Paul Zakaib has been assigned the case.

Kanawha Circuit Court case number 06-C-1396