Wal-Mart sued over fall

by John O'Brien |
Sep. 14, 2006, 4:19am

CHARLES TOWN - A Jefferson County woman says she fell outside a Wal-Mart and blames the company for not clearly marking the curb of the sidewalk.

Dawn Janel Eyler filed a lawsuit Aug. 31 in Jefferson Circuit Court against the chain and Kimco Shopping Center, where the Charles Town store is located.

She says that they failed to warn her of a dangerous condition on Sept. 12, 2004.

"The plaintiff was on the sidewalk in front of the garden center of Defendant Wal-Mart's store and was attempting to navigate in between shopping carts which had been left unattended on the sidewalk," the complaint says.

"There were also several orange warning cones which had been placed in the street to discourage people from parking in the fire lane, but the curb on the sidewalk had not been painted or marked in any way.

"Suddenly and without warning, the plaintiff fell off the curb, causing her to twist her ankle and suffer great pain."

She also claims the defendants did not adequately inspect their property and seeks compensatory damages for physical and emotional injuries and pain and suffering.

James Kratovil of Kratovil and Amore in Charleston is representing Eyler.

Jefferson Circuit Court case number 06-C-296

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