Man sues Kroger for fall in parking lot

By Kyla Asbury | May 22, 2013

HUNTINGTON - A man is suing the Kroger Co. after he claims he was injured by snow and ice that had accumulated  on the parking lot and caused him to fall.

On Feb. 1, Robert H. Maynard was at Kroger when he slipped and fell on ice that had accumulated on the parking lot, according to a complaint filed May 13 in Cabell Circuit Court.

Maynard claims Kroger owed him a duty to correct the dangerous condition on the premises, knew or should have known by the use of reasonable care and to warn him of any dangerous conditions on the premises that it had or should have had knowledge of.

Kroger was negligent in permitting a hazardous condition to exist on its premises and had actual or constructive knowledge of the hazardous condition, according to the suit.

Maynard claims as a result of the defendant's negligence, he was seriously and permanently injured; suffered pain of body and mind; incurred medical bills; suffered a loss of enjoyment of life; incurred lost wages and an impaired earning capacity; and was otherwise seriously and permanently damaged.

The hazardous condition was known to the defendant or had existed for a sufficient length of time so that the defendant should have known it existed, according to the suit.

Maynard is seeking compensatory damages. He is being represented by Michael C. Walker of Greene, Ketchum, Bailey, Walker, Farrell & Tweel.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-322

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