Woman says she slipped on fruit at Kroger, hurt back and arm

CHARLESTON - A couple are suing Kroger Limited Partnership I for injuries sustained when she slipped on fruit in its store.

On Aug. 14, the defendant negligently, carelessly and through lack of ordinary care allowed a quantity of fruit to accumulate or exist on the floor of the Kroger store in Cross Lanes, which caused Laura Casto to fall and sustain severe injuries, according to a complaint filed July 31 in Kanawha Circuit Court.

Casto and her husband, Timothy Casto, claim as a direct and proximate result of the defendant's carelessness and negligence and lack of ordinary care, Laura Casto was caused to fall and sustain severe injuries to her lumbar and thoracic spine and right arm and shoulder.

The defendant's actions caused Laura Casto to suffer severe injuries to her person; medical, hospital and doctor expenses in excess of $8,000; pain and suffering; loss of earnings; loss of capacity to work and earn money; loss of enjoyment of life; and mental anguish, annoyance, aggravation and inconvenience, according to the suit.

The Castos claim as a result of the negligence of the defendant and as a result of the injuries, Timothy Casto suffered a loss of support, care, comfort, companionship and consortium of his wife.

The Castos are seeking compensatory damages. They are being represented by Harvey D. Peyton of the Peyton Law Firm PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1444