West Virginia Record

Monday, February 24, 2020

Shopper sues J.C. Penney after falling when overhead clothing rack came loose

State Court

By Marian Johns | Jan 28, 2020

Clothes 1834650 1280

BECKLEY – A Greenbrier County woman alleges she was injured while attempting to remove clothing from a rack at a department store because it packed the clothes too tightly on the rack.

Freedom Carden filed a complaint in Raleigh Circuit Court against J.C. Penney Corp. Inc. alleging negligence.

Carden alleges she was shopping at the J.C. Penney store in the Crossroads Mall on Nov. 11, 2017, and while attempting to remove a piece of clothing from a hanging rack, the clothes became "entangled," causing the rack to become loose. Carden claims she lost her balance, fell to the floor with great force and was injured.

Carden alleges the clothing on the rack was packed too tightly and hung too high, which created a hazard. 

Carden seeks a trial by jury, interest and all other just relief. She is represented by Jeffry Pritt of The Pritt Law Firm PLLC in Union. 

The case has been assigned to Circuit Judge Darl W. Poling.

Raleigh Circuit Court case number 19-C-485-P

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