WINFIELD — A Kanawha County woman is suing Burdette Camping Center claiming she was injured while on the defendant's property.
Amy Lovejoy was injured on July 25, 2020, while on the defendant's property, according to a complaint filed in Putnam Circuit Court.
Lovejoy claims she sustained a severe and traumatic injury when she slipped on an outdoor portion of the defendant's premises that included water, moss, mud, gravel, sand and/or other substances.
The plaintiff was with her husband and granddaughter shopping for campers and/or recreational vehicles when the incident occurred, according to the suit.
Lovejoy claims the incident occurred on a portion of the premises where campers and recreation vehicles were on display for customers to walk through the premises to view the units.
"The position of the hazard and/or substance(s) upon with Plaintiff slipped...the same being located directly int he path of customers shopping for campers and/or recreational vehicles, created a hazardous situation wherein Defendant was negligent for allowing said hazard to exist in its location," the complaint states.
The defendant owed a duty to the plaintiff and negligently breached that duty, according to the suit.
Lovejoy claims the defendant should have been aware of the possibility of slippery substances because it is located adjacent to large locks and/or dam structures along the Kanawha River as well as the fact that it sits on essentially flat land with culverts and drainage systems running along the premises.
The premises was a hazard, unreasonably and caused the plaintiff's injuries, according to the suit.
"The defective premises proximately caused injuries to the Plaintiff, including but not limited to pain and suffering, mental anguish, loss of wages, disfigurement and inconvenience," the complaint states.
Lovejoy is seeking compensatory and punitive damages. She is represented by Matthew M. Johnson of Caldwell and Riffee in Charleston.
Putnam Circuit Court case number: 21-C-124