HUNTINGTON — A Milton woman is suing Kroger claiming it failed to properly treat its parking lot for black ice and caused her injuries.
Kristina Stambaugh drove to Kroger on Jan. 20, at approximately 7:15 p.m. with Oscar Stambaugh, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
After exiting the store, Kristina Stambaugh walked towards the front of her vehicle, taking a different path than the one she used to enter the building, and as she approached her vehicle from the front, she slipped and fell forward due to black ice that was not open and obvious, not reasonably apparent, and not known to the plaintiff
"Unable to move her left knee as a result of the fall, Plaintiff laid on the ground in severe pain as she screamed out for help," the complaint states. "Plaintiff did not contribute to or cause the slip and fall and was at all times acting without negligence."
Oscar Stambaugh witnessed the fall and attempted to walk forward toward her, and also almost slipped and fell due to the black ice. When he finally reached her and attempted to lift her up, he again almost slipped and fell due to black ice and was unable to help her. He then called 911.
Kristina Stambaugh claims when the paramedics arrived, they informed her that the parking lot was too icy to properly render aid.
"As a result, the paramedics informed Kroger management/Defendants at the subject Kroger location that salt needed to be put down in the subject parking lot to melt the black ice so they could render aid to Plaintiff," the complaint states. "Plaintiff continued to lay in the subject parking lot in severe pain as she waited for the ice to melt."
Kristina Stambaugh claims she was eventually transported to the CAMC Emergency Room, where it was discovered that she suffered a patella fracture, which required surgical intervention as a direct and proximate result of the incident.
Kroger was responsible for maintenance, care, safety, treatment, supervision, control, management and repair of its store parking lot at the location Kristina Stambaugh patronized and had a duty to ensure that the parking lot was maintained in a reasonably safe condition.
"This duty encompasses the task of ensuring the subject parking lot was free of hazards which may cause injury to customers or to otherwise ensuring that customerswere protected from any hazards existent in the subject parking lot area," the complaint states.
The defendants knew and/or should have known that the parking lot was dangerous and not reasonably safe for customers walking and/or traveling in the parking lot, according to the suit.
Kristina Stambaugh is seeking compensatory and punitive damages. She is represented by Taylor M. Norman of Bailey Javins & Carter in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 3:22-cv-00124