BECKLEY — Two Fayette County residents are suing JC Penney and an insurance company, alleging negligence lead to injuries.
Mary Neff and James Neff filed a complaint in Raleigh Circuit Court against JC Penney Corporation and AIG Olathe Casualty, alleging negligence in hiding a store danger from the view of customers.
According to the complaint, on Aug. 14, 2017, Mary Neff tripped over the base of one of the pedestals in the JC Penney Store in Beckley. The suit says the pedestals were hidden from view of customers.
She says she sustained immediate and heavy bruises on her face, head, elbow, knees and shattered her elbow. James Neff says he has experienced the loss and detriment of care by Mary Neff, his substantial caretaker after her injury and a loss of consortium.
The plaintiffs allege the defendants held the exclusive control of the pedestals and its bases and failed to exercise due care in providing a safe place for their customers.
The Neffs seek trial by jury, special, compensatory and punitive damages plus pre- and post-judgment interests, costs of court and all further just relief. They are represented by attorney Marc Moore of Moore & Tissue in Oak Hill.
Raleigh Circuit Court case number 18-C-253-H