CHARLESTON - A Kanawha County woman is suing Kmart after she fell in a Charleston store while trying to avoid a large Easter basket that had fallen in the aisle.

Anne Montague filed a suit July 5 in Kanawha Circuit Court, against Kmart after she was injured in the Patrick Street location.

According to the suit, Montague was shopping April 8, 2007, when she noticed a large Easter basket had fallen on the floor. She claims she walked around the basket, but slipped and fell on her left arm, breaking it in several places.

"Although in excruciating pain, (Montague) was able to see that she had slid on a yellow spot on the floor," the suit says.

Montague says the store has the duty to make sure the premises are safe for shoppers. At the time she fell, the store had allowed merchandise or litter to accumulate on the floor.

She seeks full compensation for her injuries and damages. R.L. DiTrapano represents Montague. The case has been assigned to Judge Louis Bloom.

Kanawha Circuit Court case number 07-C-1371

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