HUNTINGTON -- A Huntington woman and her husband are suing Kroger after she claims she was injured while attempting to clean the windshield of her vehicle.
On March 5, Dora Louise Spurlock pulled into the gas station at Kroger, exited her vehicle and walked around to the front in order to clean the windshield when she stepped into a drain hole in the parking lot that did not have a cover, according to a complaint filed Oct. 18 in Cabell Circuit Court.
Spurlock claims Kroger had a duty of care to keep the area around the gas pumps in a reasonably safe condition to keep the drain holes covered.
Kroger breached its duty of care by failing to properly provide and maintain adequate lighting; failed to keep the area around the gas pumps free and clear from unreasonable defects, hazards or obstructions; failed to properly place covers on drain holes; failed to exercise reasonable care to correct the conditions; failed to warn Spurlock of the dangerous conditions; and failed to supervise and oversee the area, according to the suit.
Spurlock and her husband, Melvin Spurlock, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by R.R. Fredeking II.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 10-C-754