CHARLESTON - A Putnam County couple filed a suit against Wal-Mart after the woman was injured in the Garden Center of the Barboursville location.
Charlene and Virgil Erksine filed the suit Feb. 29 in Kanawha Circuit Court, against Wal-Mart Supercenter and the manager Patricia Ellison.
According to the suit, Charlene Erksine was shopping at the Barboursville location on March 4, 2007, when several working garden fountains injured her somehow. Erksine suffered a broken right femur, which required a closed reduction.
Erksine claims Wal-Mart should have known of the dangerous condition existing on the premises. She claims she suffered serious physical injuries and permanent disability.
Virgil Erksine claims he suffered a loss of consortium of his wife and emotional distress.
Charlene and Virgil Erksine seek compensatory and special damages for their injuries.
Attorney Kimberly E. Williams is representing the Erksines. The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 08-C-412