CHARLESTON -- An Elkview woman is suing Gabriel Brothers, Inc., after she claims she was injured while in one of its stores.
On Oct. 1, 2010, Alice Marie Abbott was shopping at the defendant’s store when she stepped on a plastic drink bottle that was under a clothing rack and fell, according to a complaint filed Oct. 1 in Kanawha Circuit Court.
Abbott claims Gabriel Brothers owed a duty of care to invitees that visited its premises and had a duty to maintain its floors and keep them free of debris or items that would be hazardous to shoppers.
As a result of the defendant’s negligence, Abbott sustained severe and permanent injuries to her hip, back and shoulder, according to the suit.
Abbott claims she also sustained medical expenses; pain and suffering; and was otherwise injured.
Because of Gabriel Brothers’ negligence, Abbott was required to seek medical treatment to correct her injuries and was required to attend physical therapy, according to the suit.
Abbott is seeking compensatory damages with pre- and post-judgment interest. She is being represented by John R. Mitchell.
The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 12-C-1962