HUNTINGTON, W.V.—A mother is seeking damages from Gymboree and Crazy 8 over an alleged injury suffered by her son in a Barboursville store. 

Lindsey Cooper, individually and as guardian of C.R.C., a minor, filed a lawsuit on Jan. 8 in Cabell Circuit Court against Gymboree Retail Stores Inc., doing business as Crazy 8, claiming the store was negligent in maintaining the safety of the store and protecting consumers.

Cooper claims that on Jan. 10, 2014, she and her son were shopping in the Crazy 8 store at the Huntington Mall, Route 60 and Mall Road in Barboursville, when her son went under a clothing rack. The plaintiff asserts that through no fault of their own, a sharp piece of metal, which was not secured to the clothing rack, punctured the skin of the left side of her son's neck. Cooper claims that the defendant failed to properly inspect the clothing rack before putting it on the floor and should have known about the hazard. Due to the alleged negligence, the plaintiff’s son had to undergo emergency medical treatment to mend the laceration on his neck.

The plaintiff is suing for compensatory damages including past and future medical care, past and future physical and mental pain, emotional damage, punitive damages, pre- and post-judgment interest, attorney’s fee, and any other rewards deemed just by the court. She is seeking a jury trial and is being represented by attorney Shawn R. Romano from Romano & Associates PLLC in Charleston.

Cabell Circuit Court Case number 16-C-12

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