South Carolina couple sues Elder-Beerman for injuries

CHARLESTON -- A Greenville, S.C., couple is suing Elder-Beerman for injuries sustained in its Kanawha City store.

Bon-Ton Department Stores, Inc., was also named as a defendant in the suit.

On July 17, 2009, Madylon Stone was a customer at the Elder-Beerman department store and was walking into the store when she slipped and fell on the wet floor at the entrance of the store, according to a complaint filed June 29 in Kanawha Circuit Court.

Stone claims the entrance of the store was wet and slick and the condition was not readily visible.

The defendants had a duty to maintain the floor free of hazards and breached its duty when they allowed the water to accumulate and remain on the floor, according to the suit.

Stone claims the defendants negligently, recklessly and/or carelessly maintain the premises.

The defendants' negligence caused Stone to be injured when she fell on the wet floor, according to the suit.

Stone and her husband, Clayton Stone, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Robert B. Allen and Christopher D. Pence.

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

Kanawha Circuit Court case number: 11-C-1093