CHARLESTON — A St. Albans couple is suing Kroeger, alleging insufficient measures were taken to prevent injuries to the wife.
Debbie Jo Bain, individually and as wife to James A. Bain, filed a complaint Feb. 22 in Kanawha Circuit Court against The Kroger Co., Kroger East/Mid Atlantic, et al, failure to keep the Kroger store premises in a reasonably safe condition.
According to the complaint, on Feb. 27, 2017, Debbie Jo Bain was a patron at the defendants' Kroger store in the St. Albans Center. The suit says the cart she was pushing fell into a hole at the mall parking lot and tipped over, causing Bain to fall onto the pavement.
Bain says she sustained injuries to her left shoulder and left knee, resulting in pain and suffering, inconvenience, loss of income and medical expenses. James Bain suffered loss of consortium for the injuries sustained by his wife.
The plaintiffs allege the defendants breached their duties to protect patrons from dangerous conditions.
The Bains seek trial by jury and damages up to $74,999. They are represented by attorneys Troy N. Giatras and Matthew Stonestreet of The Giatras Law Firm PLLC in Charleston.
Kanawha Circuit Court case number 18-C-173