CHARLESTON – A Charleston woman says she was injured when she was pregnant while shopping at Gabriel Brothers.
Amber Guest filed her complaint August 11 in Kanawha Circuit Court against Gabriel Brothers Inc., which is based in Morgantown.
According to the complaint, Guest was shopping at the Gabe’s location in Kanawha City on August 18, 2020, when she was eight weeks pregnant.She said she was pushing a shopping cart when an electrical outlet without a cover and not properly secured to the metal outlet box either electrically charged the shopping cart or directly electrically charged her. The shock caused her to fall and caused bodily injuries.
“The subject outlet was located in a reasonable path of ingress and egress for pedestrian traffic inside the subject Gabe’s retail store, which was known or should have been known to defendant,” the complaint states. “Defendant failed to fix hidden dangers and/or defects on its property, including … the antiquated, damaged, unsecured, uncovered electrical outlet that could cause bodily injury.”
In addition, the complaint says Guest’s attorney Nathan Chill of Poca contacted the Gabe’s store manager on August 27, 2020, to discuss the issues of the situation and to ask the defendant preserve all evidence. Four days later, Chill sent a letter to Gabe’s legal department again asking for all evidence to be preserved. Chill also spoke to Gabe’s corporate counsel and asked for the preservation of evidence.
But on December 14, 2020, Guest visited the store again and noticed the outlet had been removed. Chill notified Gabe’s corporate counsel. The same day, Guest received a letter rom ESIS, a third-part administrator for Gabe’s, which said, “the outlet in question did not appear to present a hazard in our investigation process.”
Guest accuses Gabe’s of negligence, negligent infliction of emotional distress, strict liability, negligent spoliation of evidence and reckless conduct.
She says she has suffered suffered bodily injury, undergone medical treatment, suffered permanent injury, incurred medical expenses and will incur additional medical treatment. She says she also has endured phsyical and mental pain and suffering, loss of ability to enjoy life, lost wages and benefits, loss of earning capacity, loss of household services as well as annoyance, inconvenience, anxiety, aggravation, mental anguish, humiliation, embarrassment, emotional distress and the ability to perform daily activities.
Guest seeks compensatory damages for her injuries. She also says she lived in fear of injuries to her unborn child after the incident, which she also says caused extreme Post-Traumatic Stress Disorder, mental anguish and emotional distress.
Guest also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 22-C-663