By Philip Gonzales | Oct 10, 2018


FAYETTEVILLE — A Fayette County woman is suing Kroger, alleging negligence led to injuries to the plaintiff.

Sharon Duncan filed a complaint Aug. 17 in Fayette Circuit Court against Kroger Limited Partnership I, alleging failure keep its premises reasonably safe for its invited customers.

According to the complaint, on Aug. 17, 2016, Duncan was injured at the Kroger grocery store in Smithers when the grocery cart she was pushing became caught in the drainage grate, causing the cart to turn over and sending her to the pavement. 

The suit says Duncan incurred personal injury, medical bills and pain and suffering. The plaintiff alleges Kroger negligently allowed its parking lot's pavement to be significantly higher than the drainage grates.

Duncan seeks trial by jury and judgment of up to $74,999.99. She is represented by attorneys David S. Hughart of Ray, Winton & Kelley PLLC in Charleston, and by Mark D. Moreland of Moreland & Moreland LC in Lewisburg.

Fayette Circuit Court case number 18-C-154

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Fayette Circuit Court Kroger Limited Partnership I Mark D. Moreland LC Ray, Winton & Kelley PLLC

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