CHARLESTON — A Kanawha County couple is suing a St. Albans McDonald's, alleging the defendant's negligence led to injuries for the wife.

Karen and Jerry Whittington filed a lawsuit in Kanawha Circuit Court against Macatac V Inc., doing business as McDonald's of St. Albans or St. Albans McDonald's, alleging negligence and loss of consortium. 

According to the complaint, on May 20, 2014, Karen Whittington was utilizing the restroom on the defendant's property in St. Albans, when a metal tissue dispenser came loose and fell on her head. The suit says she suffered loss of consciousness, contusions and lacerations to her scalp.

The lawsuit says the injuries led to physical and emotional pain and suffering, annoyance and inconvenience, loss of Whittington's capacity to enjoy life and incurred medical expenses. Her husband, Jerry Whittington, the suit says, suffers from loss of consortium. 

The plaintiffs allege the defendant breached its duty to maintain the property including installing the metal tissue dispenser in a reasonably and prudent manner so as to prevent injury.

The Whittingtons seek trial by jury, compensatory damages, costs and expenses of suit, attorney fees and all other relief the court deems just. They are represented by attorney Michael J. Del Giudice of Ciccarello, Del Giudice & Lafon in Charleston.

Kanawha Circuit Court Case number 16-c-734

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