Woman injured at JCPenney sues for injuries

By Kyla Asbury | Dec 22, 2009

HUNTINGTON -- A woman who tripped and fell at JCPenney is suing for her injuries.

On Feb. 4 Dorothy Poston was in the JCPenney store in the Huntington Mall when she tripped on the bottom of a display case, causing her to fall and sustain injuries, according to a complaint filed Nov. 25 in Cabell Circuit Court.

Poston claims JCPenney had a duty of care to keep the premises in a reasonably safe condition.

According to the suit, JCPenney breached its duty by failing to properly provide and maintain adequate lighting; failing to keep the passageways and aisles intended for public use free and clear; failing to exercise reasonable care; failing to properly and adequately supervise and oversee areas; and in permitting employees to create hazardous conditions.

Poston claims she has incurred expenses for hospital services, physicians and traveling.

Poston is seeking compensatory damages. R.R. Fredeking II of Fredeking & Fredeking Law Offices is representing her.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 09-C-934

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