West Virginia Record

Wednesday, April 1, 2020

Customer accueses stone, marble business of negligence

By Noddy A. Fernandez | Feb 23, 2017

Law money 07

HUNTINGTON — A Huntington couple is suing a Cabell County stone and marble business, alleging its negligence led to injuries to the wife. 

Gisela Kemper and Daniel Kemper filed a complaint Jan. 30 in Cabell County Circuit Court against Bailey Stone and Marble Inc. alleging the store breached its duty to properly maintain its premises.

According to the complaint, on Nov. 13, 2015, Gisela Kemper was shopping at the defendant's store when a large marble slab on a shelf slid off and struck Kemper in the legs. 

While stepping back to avoid being crushed, the suit says, she fell backward and hit her head on the concrete floor. Kemper was instantly knock unconscious and remained that way for several minutes, the lawsuit states. 

As a result, the suit says, Kemper suffered physical injuries, embarrassment and medical expenses and diminished capacity to enjoy life. The plaintiffs allege the defendant showed reckless conduct and failed to keep its premises safe to avoid accident and harm to consumers.

The Kempers seek trial by jury, reasonable monetary damages, post-judgment interest, court costs, attorney fees and all other appropriate relief. They are represented by attorney D. Geoffrey Varney of Huntington.

Cabell County Circuit Court Case number 17-C-60

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Organizations in this Story

Cabell Circuit Court