Wendy's injury case moved to federal court

By Audrey Holsclaw | Apr 18, 2008

PRINCETON -- A Mercer County woman claims she was severely injured following a fall at a Proctorville, Ohio, restaurant.

On Oct. 2, 2006, Constance Faye Keffer of Mercer County tried to enter a Proctorville Wendy's, and she slipped on spilled grease on its outside sidewalk.

In the complaint, originally filed on Feb. 25, 2008, Keffer claims the defendant, Wendy's International, Inc. of Dublin, Ohio, negligently and carelessly spilled grease on the sidewalk adjacent to the building and caused a public safety hazard which resulted in serious injuries to Keffer's right side.

In the suit filed by William Sanders of the Princeton firm of Sanders, Austin, Flanigan & Aboulhosn, Keffer is seeking a trial by jury to award punitive damages for her injuries, including a displaced and fractured patella of her right knee, abrasions, painful trauma to both wrists and her right leg as well as depression and anxiety. She is also seeking damages for present medical bills in the amount of $24,876.31 in medical bills and $10,390.00 in present lost wages as well as compensation for future bills and wages.

Keffer and Sanders filed the complaint in the Circuit Court of McDowell County, and now, Wendy's International, Inc. is seeking a removal from the Circuit Court of McDowell County to the United States District Court for the Southern District of West Virginia.

Filed on March 28, 2008, by Teresa Kleeh of the Charleston firm of Steptoe & Johnson, the removal is being sought by the defendant because the amount Keffer is seeking could amount to more than $75,000. Because of this reason, Wendy's International, Inc., believes that the United States District Court has jurisdiction.

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