Lawsuit involving alleged trip at Kroger settled

CHARLESTON – A lawsuit involving a woman who was injured while at Kroger Limited Partnership I's Elkview location has been dismissed.

Alice Carol Vaughan and Kroger have settled and jointly moved to have the Court dismiss the matter with prejudice, according to the dismissal order filed Aug. 8 in Kanawha Circuit Court.

On Sept. 28, 2009, Vaughan was entering the Kroger store when she tripped over an empty pallet left in the area near the entrance, according to a complaint filed Jan. 21, 2011, in Kanawha Circuit Court.

Vaughan claimed the defendant negligently allowed and permitted the empty pallet to remain on the floor for a period of time beyond which was required for its discovery and removal.

Vaughan claimed she sustained severe and painful injuries because she tripped over the pallet.

Vaughan was seeking compensatory damages. She was represented by Charles R. Hughes of Bowles Rice McDavid Graff & Love.

Kroger was represented by Travis S. Haley of Pullin, Fowler, Flanagan, Brown & Poe.

The case was assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-120