Fayette Co. woman sues Sears after injury at Beckley K-mart

By Kyla Asbury | Aug 10, 2011

CHARLESTON -- A Fayette County woman is suing Sears Holdings Corporation after she claims she was injured while walking through the Beckley K-mart store.

On Aug. 26, 2009, Rebekah Joy Donelow was shopping at the Beckley K-mart when she slipped and fell on the floor and was injured, according to a complaint filed July 8 in Kanawha Circuit Court.

Donelow claims prior to slipping and falling, she was not aware that the floor was slippery, but after her fall, she noticed a substance on the floor.

The defendant breached its duty of care by allowing the slippery, hazardous condition to exist on the floor and by failing to warn customers of the condition, according to the suit.

Donelow claims the defendant also failed to employ the appropriate protective measures to ensure that such a hazardous condition would not exist without proper warning to customers.

Donelow is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Robert D. Cline Jr., Robert A. Campbell and R. Chad Duffield.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-1138

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