On Dec. 13, 2014, Bonnie Kersey was at the Kroger store in Teays Valley when she slipped and fell while walking through the store, injuring her knee, according to a complaint filed last month in Putnam Circuit Court and removed to federal court Jan. 13.
Kersey claims the defendant owed a duty of reasonable care to her and other patrons and negligently failed to provide her with a safe and secure environment.
The plaintiff was unaware and had no opportunity to perceive unsafe conditions regarding the slippery floor of the establishment prior to slipping and falling and the condition was not reasonably apparent or known prior to the fall, according to the suit.
Kersey claims the defendant breached its duty of care by negligently creating a dangerous condition and allowing it to develop and by failing to correct it.
The defendant’s negligence was the proximate cause of Kersey’s serious and permanent injuries and damages, according to the suit.
Kersey claims she had to have a knee replacement due to the injury she sustained from the fall in Kroger and incurred medical expenses, lost wages, loss of ability to perform household services, loss of ability to enjoy life, humiliation, embarrassment, annoyance and inconvenience and economic damages.
Kersey is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Tammy Bowles Raines of Tammy Bowles Raines Law Office.
Kroger is represented by Travis S. Haley of Pullin, Fowler, Flanagan, Brown & Poe.
U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-00567