WHEELING – An Ohio County couple has filed a lawsuit after the woman injured herself on the sidewalk outside of a T.J. Maxx store.
Gail and Donald Atkinson filed a complaint in Ohio Circuit Court against The TJX Companies Inc. doing business as T.J. Maxx, the Ohio County Development Authority and the Ohio County Commission.
According to their complaint, Gail Atkinson was walking toward the entrance of the store on Cabela Drive in Wheeling when she tripped and fell because of uneven pavement, uneven concrete and/or an unsafe lip on the sidewalk.
She says the defendants created an unsafe condition and failed to remediate or warn her and the public of the condition. She says the defendants didn’t comply with applicable building codes, state codes and other regulations. She also says they failed to exercise reasonable care, maintain the premises, maintain the sidewalk, inspect the sidewalk, inspect the property and correct the defects.
Gail Atkinson says she suffered serious, permanent and chronic injuries as well as damages and losses. She also says she suffered immense physical pain, mental and emotional anguish and psychological damage. She says she sustained injuries to her right arm, elbow, hand and fingers, head, neck, shoulders, back, knees, psyche and various other parts of her body. She said she has and will incur medical treatment and bills.
The plaintiffs also say they have endured and will continue to endure pain and suffering, mental and emotional distress, annoyance, inconvenience, embarrassment, loss of enjoyment of life, loss of the ability to fully function, economic losses and expenses, property damages, loss of spousal consortium and other general and special damages.
They seek compensatory joint and several damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
The Atkinsons are being represented by Jordan M. Laird and David A. Jividen of Jividen Law Offices in Wheeling. The case has been assigned to Circuit Judge Jason Cuomo.
Ohio Circuit Court case number 20-C-78