WEST VIRGINIA RECORD

HUNTINGTON – A woman is suing Dick's Sporting Goods after she slipped and fell on its walkway at the Huntington Mall.

Peter Chu, who is doing business as Second Nails, and the Huntington Mall were also named as defendants in the suit.

On April 22, Patricia Simmons went to Second Nails to receive a pedicure, according to a complaint filed Dec. 6 in Cabell Circuit Court.

Simmons claims after she received the pedicure, she attempted to put her shoes back on, but an employee of the salon refused to allow her to put her shoes on and gave her a pair of flip flops to wear.

Upon exiting Second Nails, Simmons proceeded through Dick's Sporting Goods and exited by way of the front door, where she proceeded to take the handicapped access located in front of Dick's Sporting Goods and slipped and fell on a dangerous and defective walkway, causing her severe injury to her left leg, according to the suit.

Simmons claims the Huntington Mall owed a duty to exercise ordinary care to keep and maintain the premises of the mall in a reasonably safe condition, and owed her the duty to exercise ordinary care to keep and maintain the parking lot and walkways in a reasonably safe condition.

Second Nails was also negligent by failing to exercise ordinary care offering services to the public, which resulted in providing unsafe and hazardous paper flip flops; by failing to properly warn Simmons that the footwear provided was not suitable for wet conditions; and by failing to warn Simmons of the hazards presented by the footwear provided to their customers, according to the suit.

Simmons claims she went to Dick's Sporting Goods afterward, and upon leaving the store, she slipped and fell on a dangerous and defective walkway, which caused injury to her left leg.

Simmons is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Dennis E. Kelley and Donald R. Jarrell.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-904