Woman says pizza boxes caused trip, sues Little Caesar's

CHARLESTON - A Nitro woman is suing Little Caesar's Pizza for injuries she claims she sustained when exiting one of its restaurants.

D.L.C. Pizza Inc. is doing business as Little Caesar's Pizza.

Marshall Rentals WV LLC; Little Caesar's Enterprises Inc.; and John Doe Contractors were also named as defendants in the suit.

On May 6, 2011, Kimberly R. Taylor stopped at Little Caesar's in South Charleston and purchased pizzas, according to a complaint filed March 26 in Kanawha Circuit Court.

Taylor claims she exited the restaurant while carrying the pizzas and began to walk toward her car and when she turned right to continue down the sidewalk, her feet encountered a steep flare located adjacent to the wheelchair ramp on the sidewalk which caused her to fall to the concrete and suffer severe injuries to her body.

Prior to encountering the flare beside the wheelchair ramp, Taylor was not aware that the trip hazard existed because the pizza boxes she was carrying and the numerous stickers and advertisements on the doorway obscured his vision as she exited the premises, according to the suit.

Taylor claims the defendants owed a duty to the general public to act with reasonable care and to maintain the Little Caesar's restaurant where she was injured in a reasonably safe condition.

The defendants had actual or constructive knowledge of the hazardous, dangerous and defective condition and the unreasonable risk of harm that it posed to invitees, according to the suit.

Taylor claims the defendants failed to maintain the property, which constitutes careless, negligent, willful, wanton and/or reckless conduct.

The sidewalk was also negligently constructed in that the area immediately outside the doorway was constructed in contravention of applicable regulations and recognized industry standards, according to the suit.

Taylor is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Robert D. Cline Jr., Robert A. Campbell and Letisha R. Bika of Farmer, Cline & Campbell PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-568