Lawsuit blames Bon-Ton for overloaded clothes rack

CHARLESTON - In a recently filed lawsuit, a Charleston woman says she was struck by a falling clothes rack and is suing Bon-Ton Department Stores.

Mary and Jack McClung filed the lawsuit Sept. 21 in Kanawha Circuit Court and also list Elder-Beerman Operations as a defendant.

Mary McClung says she "was shopping on the premises of the defendant when she was severely and permanently injured as a direct and proximate result of the reckless or negligent conduct by the defendant and an employee or employees of the defendant."

She says an overloaded clothing rack was improperly secured and fell, striking her across the back.

Injuries to her back, neck, head, jaw and extremities followed, the complaint says.

The alleged incident took place Oct. 8, 2004.

"The defendant is liable for all damages proximately caused by the reckless or negligent conduct of their employee or employees acting within the scope of such employees' employment," the complaint says.

Jack McClung says he has lost consortium with his wife as a result of her injuries, which they add have required an excessive amount of medical expenses.

Mary McClung seeks compensatory damages for severe pain and suffering, mental anguish, emotional distress, loss of ability to enjoy life, impairment of earning capacity and impairment of the ability to care for herself and her family.

Phillip Stowers of Stowers and Associates in Charleston is representing the plaintiffs.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-1963