West Virginia Record

Tuesday, December 10, 2019

JCPenney customer sues store after being injured in fall


By Philip Gonzales | Feb 16, 2019


CHARLESTON — A customer is suing retail store operators, citing alleged negligence and premises liability.

Maureen Bragg filed a complaint in Kanawha Circuit Court against J.C. Penney Corporation Inc. and J.C. Penney Services LLC, alleging that they breached their duty to keep their store premises free from defects.

According to the complaint, Bragg alleges that on Sept. 19, 2017, she was shopping at the defendants' retail JC Penney store at Charleston Town Center Mall when she tripped and fell on a slick flooring in front of the escalator. She sustained severe personal injuries resulting in pain and suffering, mental anguish, medical expenses and lost wages. 

The plaintiff holds J.C. Penny Corporation Inc. and J.C. Penny Services LLC responsible because they allegedly failed to maintain the flooring where she fell in a safe condition and failed to give adequate warning of the hazardous condition caused by the damaged flooring.

The plaintiff requests a trial by jury and seeks compensatory damages in an amount to be determined by jury, with interest, costs, attorney's fees and such other necessary and proper relief. She is represented by Christopher D. Pence of Hardy Pence PLLC in Charleston.

Kanawha Circuit Court Case number 18-C-1559

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Kanawha Circuit CourtHardy Pence PLLC

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