Woman sues after plate fell on her foot at Big Lots

MARTINSBURG – A Berkeley County woman has filed suit against Big Lots stores, alleging she was injured after a plate fell on her foot.

Arlene J. Rogers was shopping at the Berkeley County Big Lots on Nov. 24, 2006, when the incident occurred, according to the complaint filed Nov. 24 in Berkeley Circuit Court.

The plate fell off the "stocked shelves and mass clutter" that existed in the store, the suit states.

Because of the incident, Rogers sustained additional complications, suffered physical pain, discomfort, mental anguish and emotional distress, she claims.

She also incurred medical expenses, according to the complaint.

"The Defendant was negligent in failing to make the dangerous area described herein above to appropriately warn its customers/business invitees of the dangerous condition," the suit states.

Rogers is seeking a judgment for a sum sufficient to compensate her for her damages, plus prejudgment and post-judgment interest, costs and other relief the court deems just.

Joanna S. Robinson of Trump and Trump in Martinsburg will be representing her.

Berkeley Circuit Court case number: 08-C-233