HUNTINGTON – A woman is suing Bojangles after she claims she was injured when she fell at its restaurant in Huntington.
Bojangles International; Bojangles Restaurants; and the Rutherford Group were all named as defendants in the suit.
On Sept. 25, 2016, Julie Huron visited the Bojangles restaurant in Huntington and was injured when she did not perceive an elevation change from the sidewalk down to the parking lot, according to a complaint filed July 24 in Cabell Circuit Court and removed to federal court on Aug. 30.
Huron claims the unsafe condition was neither open nor obvious and the elevation change was not designed to be flush to avoid this type of danger.
The elevation change was not painted to warn customers of the danger it posed, according to the suit.
Huron claims the defendants’ failure to keep and maintain its property in a reasonably safe condition was a proximate cause if her injuries and, as a direct and proximate result of the fall, she suffered devastating injuries which are permanent in nature.
The defendants’ actions caused Huron to suffer physical pain; mental and emotional anguish; and a diminishment in her ability to fully function, enjoy life and earn a living, according to the suit.
Huron is seeking compensatory and punitive damages. She is being represented by Kyle R. Salyer of Salyer Law Offices.
The Rutherford Group is represented by Lee Murray Hall and Gary A. Matthews of Jenkins Fenstermaker.
U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-03898