Slip-and-fall filed against Wal-Mart

By Kyla Asbury | Jun 13, 2013

CHARLESTON - A couple are suing Wal-Mart Stores East LP for injuries allegedly sustained while on its premises.

On June 3, 2011, Denise Freund was an invitee at Wal-Mart when she fell due to hazardous conditions permitted on the premises, according to a complaint filed May 28 in Kanawha Circuit Court.

Freund claims she slipped on a clear liquid present on the floor of the aisle that the defendant was negligent, careless and/or reckless in cleaning up.

Wal-Mart failed to conduct a reasonable inspection of the premises; failed to maintain its premises in a reasonably safe condition; failed to correct the dangerous and/or hazardous condition; and failed to warn Freund and other business invitees of the dangerous conditions, according to the suit.

Freund claims as a result of the defendant's negligence, she sustained severe and disabling injuries; was forced to seek medical treatment; incurred medical expenses; sustained pain and suffering, mental anguish, aggravation, inconvenience, loss of enjoyment of life and loss of ability to function; and incurred medical and other expenses.

As a direct and proximate result of the defendant's negligence and Freund's injuries, her husband, Britt Freund, suffered a loss of all the duties and obligations of their marital relationship, including the right to consortium, society, companionship and services, according to the suit.

The Freunds are seeking compensatory damages with pre- and post-judgment interest. They are being represented by M. Eric Frankovitch of Frankovitch, Anetakis, Colantonio & Simon in Weirton.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-1030

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