CHARLESTON – A Cabin Creek woman says she was injured when she slipped and fell at Target.
Anita Danielle Billo filed her complaint in Kanawha Circuit Court against Target Corporation. Target later removed the case to federal court.
According to the complaint, Billo was shopping at the Target store on Corridor G in South Charleston on October 11, 2019, when she says she slipped on a clear substance on the floor, causing her left foot to slide forward and her right knee slamming into the floor. She sustained injuries, including a torn meniscus.
“After plaintiff’s husband assisted her off the floor, a Target employee, who had witnessed the incident and observed the clear liquid on the floor, apologized and admitted that this spill should have been cleaned up sooner and that warning signs should have been placed around the area,” the complaint states.
Billo says Target failed to properly warn patrons of the dangerous condition and had a duty to maintain the store in a reasonably safe condition, but she says the defendant was negligent, careless and reckless.
She seeks compensatory damages for medical and other out-of-pocket expenses, lost wages, pain and suffering, mental anguish, emotional distress, annoyance, inconvenience and loss of capacity to enjoy life. She also seeks court costs and other relief.
In its answer, Target denies the allegations and seeks to have the case dismissed.
Billo is being represented by Charles M. Johnstone II of Johnstone & Gabhart in Charleston. Target is being represented by Rita Massie Biser and Lynnette Simon Marshall of Moore & Biser in South Charleston. The case has been assigned to District Judge Irene Berger.
U.S. District Court for the Southern District of West Virginia case number 2:21-cv-00598 (Kanawha Circuit Court case number 21-C-897)
