HUNTINGTON – An elderly Cabell County woman says she was injured after slipping on vomit at Kroger.
Mary J. McMahon, 75, of Huntington filed her complaint Aug. 16 in Cabell Circuit Court against Kroger Limited Partnership I doing business at The Kroger Company.
McMahon was shopping at Kroger’s 1st Street location in Huntington on Aug. 17, 2015, with her husband Dewey when the incident occurred in the frozen food aisle.
“Plaintiff slipped in another customer’s ‘vomit,’ which had not been cleaned up,” the complaint states. “She suffered a fall and physical injury due to dangerous, slippery conditions.”
The complaint states that Kroger had knowledge of the vomit and had failed to clean it up, thereby breaching its duty by failing to keep its premises free of dangerous, slippery substances on the floor.
McMahon, a grandmother, says she sustained serious injuries and had to be transported to the emergency room via ambulance.
She seeks compensatory damages for medical bills past and future. She also says she has suffered past and future loss of enjoyment of life as well as severe pain mentally, physically and emotionally.
McMahon says she also has suffered fear, humiliation, embarrassment, annoyance, inconvenience, disability and disfigurement.
She also seeks punitive damages, court costs, attorney fees, pre- and post-judgment interest and other relief.
McMahon is being represented by Jack C. Dolance of Dolance Law Office in Wayne. The case has been assigned to Circuit Judge Greg Howard.
Cabell Circuit Court case number 17-C-470