Husband sues Foodland, others after wife struck by vehicle in parking lot

CHARLESTON -- A husband is suing two companies, two individuals and three John Does after his wife was struck by a vehicle in a parking lot.

On Jan. 1, 2008, Deborah Cunningham was walking through the Bigley Foodland Fresh parking lot when she was struck by a vehicle, according to a complaint filed Dec. 30 in Kanawha Circuit Court.

Nicole Leontine Braxton had been parked in a fire land in the parking lot and upon entering the vehicle, which was owned by Charles Palmer, made a left hand turn down the parking lot where she struck Cunningham, according to the suit.

Palmer had purchased the vehicle several months prior to the incident from Ashby's Preowned Vehicles, according to the suit. Ashby's did not require him to have proof of insurance before selling him the vehicle.

Cunningham's husband, Gregory Cunningham, claims Foodland breached its duty of due care by failing to keep its parking lot in a reasonably safe condition and allowing an unsafe condition to exist on its premises.

Mr. Cunningham is seeking compensatory damages for pain and suffering and emotional distress. He is being represented by Benjamin L. Bailey and Jonathan R. Marshall of Bailey & Glasser.

The case has been assigned to Circuit Judge Jennifer Bailey

Kanawha Circuit Court case number: 09-C-2380