Plaintiff says he fell down stairs at movie theater

By Kyla Asbury | Aug 22, 2013

CHARLESTON - A man is suing Marquee Cinemas-WV Inc. for injuries he allegedly sustained from falling down the stairs.

Marquee Cinemas Inc. and Marquee Cinemas Holdings Inc. were also named as defendants in the suit.

On Nov. 14, 2011, Michael S. Lawrence attended a movie at Marquee Cinemas in South Charleston, according to a complaint filed Aug. 6 in Kanawha Circuit Court.

Lawrence claims he was at the theater and was heading from the second floor to the ground floor when he slipped and fell down an entire flight of stairs and sustained injury.

The defendants owed a duty of care to Lawrence to maintain the premises in a safe manner and to avoid the existence of slippery substance on and near the stairway, according to the suit.

Lawrence claims the defendants breached their duties of care owed to him by spraying the stairs with carpet cleaning solution; not maintaining the stairs in a dry condition; allowing the dangerous, hazardous condition to exist on the premises; and failing to warn Lawrence and others of the dangerous floor condition.

As a direct and proximate result of the defendants negligent acts and breach of duties owed to Lawrence, he suffered serious, permanent injuries and damages, including serious and permanent back, shoulder and elbow injuries; pain and suffering; mental anguish; reasonable and necessary doctor, hospital and medical expenses; lost wages and earning capacity; annoyance, inconvenience and aggravation; and a diminished capacity to enjoy life, according to the suit.

Lawrence is seeking compensatory and punitive damages. He is being represented by Benjamin B. Ware of Goodwin & Goodwin LLP.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1494

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