CHARLESTON - A Dunbar woman says Charleston Town Center is to blame for her fall in the mall's parking lot.
Karen Frazier filed a lawsuit Aug. 14 in Kanawha Circuit Court against Forest City Enterprises, doing business as Charleston Town Center, over a Sept. 2004 incident.
She says she fell exiting an elevator and it's not her fault.
"Defendant owed Plaintiff a duty to adequately and properly mark all sidewalks and stepdowns so that the same are readily visible to the public and to provide adequate and safe lighting," the complaint says.
Frazier adds that poor lighting helped cause the fall, which occurred on Sept. 6, 2004.
"Suddenly and without warning, the failure to properly warn, light and/or maintain the sidewalks and/or stepdown areas caused Plaintiff to sustain serious, painful and permanent injuries to herself," the complaint says.
Frazier is suing for compensatory damages to cover "injuries to her body and mind," as well as past, present and future pain and suffering, annoyance and invonvenience, loss of enjoyment of life, medical expenses, mental anguish, lost wages, permanent injury and court costs.
Forest City Enterprises is based in Cleveland.
"The defendant owed Plaintiff a duty to exercise reasonable care to eliminate dangers and hazardous areas and to maintain a safe premises," the complaint says.
Charleston attorney G. Patrick Jacobs is representing Frazier.
Judge Irene Berger has been assigned the case.
Kanawha Circuit Court case number 06-C-1614