CHARLESTON — A Mingo County woman is suing Kmart, alleging negligence led to her suffering injuries in a fall.
Della Powers filed a complaint in Kanawha Circuit Court against Kmart Operations LLC, alleging that the department store owner failed to maintain its premises in a reasonably safe condition.
According to the complaint, on Aug. 23, 2016, Powers was shopping at the Kmart sidewalk sale in St. Albans when she fell over a wooden pallet. Powers says sustained injuries resulting in great pain and suffering, medical expenses, and diminished ability to enjoy life.
The plaintiff alleges Kmart Operations failed to provide adequate warning of the defective and hazardous condition despite having knowledge of the condition.
Powers seeks trial by jury, damages in excess of the minimum jurisdictional limits of the court, costs, attorney fees and interest and all other proper relief. She is represented by attorney Greg K. Smith of Law Offices of Greg K. Smith in Williamson.
Kanawha Circuit Court Case number 18-C-966