CHARLESTON -- A Kanawha County man is suing J.C. Penney after his daughter was injured while shopping in one of its stores.

On Aug. 4, 2011, P.E.B. was shopping with her parents at J.C. Penney in Charleston when a glass shelf fell and crashed on her leg, causing significant injuries, according to a complaint filed July 10 in Kanawha Circuit Court.

Brian Bateman, P.E.B.'s father, claims the defendant owed a duty of reasonable care to him and P.E.B. and breached that duty by negligently failing to provide a safe and secure environment for its patrons.

J.C. Penney negligently created a dangerous condition by installing and/or maintaining the shelves in an inappropriate, negligent and unsafe way, according to the suit.

Bateman claims as a result of the defendant's negligence, P.E.B. suffered serious bodily injury and permanent scarring; mental anguish and emotional distress; has incurred medical expenses; suffered pain and suffering; has sustained a loss of enjoyment of life, apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, embarrassment, annoyance, aggravation and inconvenience; and has suffered other economic and non-economic damages.

J.C. Penney's negligence caused P.E.B.'s injuries and was a breach of duty of care to Bateman and his daughter, according to the suit.

Bateman is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Truman C. Griffith.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 12-C-1283

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