WHEELING – A Marshall County couple says the wife suffered injuries when she tripped over a damaged cart return rack at a Wheeling grocery store.
Virginia and Robert Millhouse filed their complaint against The Kroger Co. in Ohio Circuit Court.
According to the complaint, Virginia Millhouse was shopping at the Kroger store on Mount Chantal Road in Wheeling on May 7, 2019. After loading her groceries into her car, she took her shopping cart to the nearest return rack. As she turned to return to her car, she tripped on the leg of the return rack that had been damaged and bent outward near the ground. It caused her to fall face-first onto the pavement.
She says she hit her face and forehead on the cement parking lot, broke her left hand and three fingers on her left hand. Those surgical repairs required a plate, pins, screws and several months of medical treatment and hand therapy.
She says Kroger failed to fix the damaged return rack, didn’t warn patrons of the danger and failed to fix the hazardous condition for several months after Millhouse’s accident.
The plaintiffs seek compensatory damages for the injuries Virginia Millhouse sustained as well as the associated medical expenses, pain, suffering, aggravation and inconvenience, loss of ordinary pleasures of life, mental anguish and embarrassment. Richard Millhouse seeks damages for loss of consortium. They also seek pre- and post-judgment interests, punitive damage and other relief.
They are being represented by Frank X. Duff and Sandra K. Law of Schrader Companion Duff $ Law in Wheeling. The case has been assigned to Circuit Judge David Sims.
Ohio Circuit Court case number 20-C-57