CHARLESTON -- A Charleston woman and her husband are suing Rite Aid of West Virginia, Inc., for injuries sustained at one of its stores.

On March 8, 2011, Ethel Mae Marino was walking toward the exit of the Rite Aid store in Charleston when her shoe became caught on the two traffic rugs that were placed on the floor near the exit and were overlapping each other, according to a complaint filed March 1 in Kanawha Circuit Court.

Marino claims Rite Aid was negligent, careless and reckless in their placement of the rugs as well as the inspection and maintenance of the area where the rugs were placed.

Rite Aid negligently created a hazard and allowed Marino to fall and sustain injury, according to the suit.

The defendant's actions also caused Marino's husband, Henry M. Marino Sr., to sustain great and irreparable loss in that he has suffered the deprivation of the society, companionship, consortium and services of his wife, according to the suit.

Marino claims the defendant caused her to sustain pain and suffering; medical expenses; a reduction in the capacity to engage in normal activities; and loss of enjoyment of life.

The Marinos are seeking compensatory damages with pre-judgment interest. They are being represented by Barbara Lynn Utt.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 12-C-388




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