HUNTINGTON — A Kentucky woman is suing Kroger, alleging the defendant's negligence caused her injuries at a store. 

April D. Tooley filed a complaint April 12 in Cabell Circuit Court against The Kroger Co., KO29 Kroger East/Mid-Atlantic and Kroger Limited Partnership I, alleging they breached their duty to maintain the store in a reasonably safe condition.

According to the complaint, on April 25, 2015, Tooley was a business invitee at the defendants' Kroger store in Barboursville when she tripped, slipped and fell on a shelf bracket and shelf tag that were on the floor. The suit says Tooley sustained serious injuries that caused her to suffer pain and suffering, mental anguish and medical expenses. 

The plaintiff alleges the defendants failed to provide sufficient notice and reasonable warning of the dangerous and hazardous condition.

Tooley seeks trial by jury, damages in excess of the jurisdictional limits of the court, plus interest and costs of court. She is represented by attorney Matthew R. Oliver of Vital & Vital LC in Huntington.

Cabell Circuit Court Case number 17-c-245

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