Slip-and-fall case filed over 'difficult-to-see' substance

CHARLESTON - A Kanawha County woman expected a Big Chimney store to keep its floor dry but says a "difficult-to-see" substance caused her fall.

Barbara Ashley is suing O.V. Smith and Sons, doing business as Smith's Foodfair No. 3 in Big Chimney, in Kanawha Circuit Court. Her lawsuit was filed Nov. 3.

It says that on Aug. 8 was walking through the store when she fell.

"Plaintiff was a customer and/or business invitee of the store and was walking in the store when she slipped on an unknown substance on the floor, causing her to fall and suffer serious bodily injury," the complaint says. "The defendant, by allowing a difficult-to-see substance to remain on the floor in an area where it was expected that customers would violated (its) duty or duties."

Ashley says the store had a duty to protect her from difficult-to-see substances on the floor.

She is seeking compensatory damages for medical bills, pain and suffering, annoyance and inconvenience and lost wages.

Shawna Pinkerton of Stebbins and Pinkerton is representing Ashley.

Judge Jennifer Bailey Walker has been assigned the case.

Kanawha Circuit Court case number 06-C-2346