Point Pleasant woman sues Speedway for injury

By Kyla Asbury | Feb 9, 2010

CHARLESTON — A Point Pleasant woman is suing Speedway SuperAmerica after she was allegedly injured in its Mason County store.

On Dec. 2, 2008, Bonnie Louella McCarty was shopping at the Speedway SuperAmerica and was returning to her car when she slipped on black ice in the parking lot, according to a complaint filed Jan. 19 in Kanawha Circuit Court.

McCarty claims a drain pipe where she had fallen had been leaking for some time and in need of repair. She claims the defendant had a duty to inspect, maintain and repair the premises to keep it in a safe condition.

The defendant was negligent and breached its duty of care by failing to repair the drain pipe to provide a safe place to shop, according to the suit.

McCarty claims she suffered both physical and mental injuries from the fall; has incurred severe physical and mental pain and suffering; emotional distress; mental anguish; loss of enjoyment of life; physical impairment; and has incurred substantial medical treatment and bills.

McCarty is seeking compensatory damages. She is being represented by Michael J. Del Giudice.

The case has being assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-0102

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