Woman blames Sav-A-Lot for husband's brain injury

CHARLESTON - A woman is suing Sav-A-Lot for injuries her husband allegedly sustained while at its store on Virginia Street.

K-Foods Inc. is doing business as Sav-A-Lot Virginia Street.

On Aug. 18, 2011, Nile Edsel Duncan was at Sav-A-Lot and requested and received permission from employees to use the restroom located through two swinging doors and up a set of steps in the store, according to a complaint filed Aug. 14 in Kanawha Circuit Court.

Echo Virginia Duncan claims Nile Duncan, while exiting the restroom, fell on the steps and was injured.

Nile Duncan suffered permanent physical impairment, including a traumatic brain injury; mental anguish and emotional distress; loss of enjoyment of life; pain and suffering; and medical expenses and convalescent care costs, according to the suit.

Echo Duncan claims Nile Duncan has been rendered incapacitated and resides permanently in a nursing home.

As a result o the physical and mental condition of her husband, due to the conduct of the defendant, Echo Duncan has suffered in mind and body and has been denied the care, consideration, companionship, aid and society of her husband, according to the suit.

Echo Duncan is seeing compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Brian L. Ooten of Shaffer & Shaffer PLLC

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1544