CHARLESTON - A Belle man says the wet floor signs at a Cross Lanes Exxon station were not displayed properly.
As a result, Jerry Early says his slip and fall was "due to not fault of his own," and filed a lawsuit Oct. 6 in Kanawha Circuit Court.
His wife Charlotte is suing too, claiming a loss of consortium with her spouse because of his injuries.
Jerry Early says the signs "were obscured and obliterated by concessions and sales displays from Mr. Early's view as he entered the defendant's store."
The alleged incident took place Nov. 26, 2004 and resulted in Early needing surgery for his injuries.
He says Defendant Petroleum Products owed him a duty to warn him of the wet floor by sufficiently displaying warning signs.
The suit seeks compensatory, remunerative and special damages and was filed by attorney John Hackney Jr.
Judge Louis Bloom has been assigned the case.
Kanawha Circuit Court case number 06-C-2083