West Virginia Record

Sunday, February 16, 2020

Customer sues after falling in Chester Sparkle parking lot


By Noddy A. Fernandez | Feb 22, 2019


NEW CUMBERLAND — A customer is suing a grocery store, citing alleged negligence.

Clinton Bailey Jr. filed a complaint in Hancock Circuit Court against Chester Food Inc. d/b/a Chester Sparkle alleging that it breached its duty to maintain its premises in a reasonably safe condition.

According to the complaint, on Feb. 16, 2017, Bailey was a customer in the parking lot of the defendant's property when he allegedly fell due to hazardous conditions permitted to exist on the premises. He claims he was caused to slip due to an oily substance, and he sustained severe and disabling injuries. 

The plaintiff holds Chester Food Inc. d/b/a Chester Sparkle responsible because it allegedly failed to conduct a reasonable inspection of the premises, including an inspection of the parking lot, and failed to warn parons of the dangerous condition through adequate safeguards.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of the jurisdictional amount of the Court, together with pre- and post-judgment interest, costs and such other relief, both general and special, the Court deems just and proper. He is represented by Kevin M. Pearl of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP in Weirton.

Hancock Circuit Court Case number 19-C-10

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Organizations in this Story

Hancock Circuit CourtFrankovitch, Anetakis, Simon, Decapio & Pearl, LLP

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