CHARLESTON — An agreed order for a partial dismissal was filed in Kanawha Circuit Court involving one of the defendants in an injury lawsuit.
Vicki Allen, the store manager of Cato Corporation was dismissed from the suit.
"This day, came the parties by counsel and announced that Plaintiff has agreed to a voluntary dismissal of all claims against Vicki Allen without prejudice," the agreed order signed by Circuit Judge Maryclaire Akers stated. "There being no objection thereto, and the court finding good cause for the partial dismissal does hereby dismiss Vicki Allen as a defendant from this lawsuit without prejudice."
Caitlyn Curry filed the lawsuit against Allen and Cato claiming she was injured while on the property on March 19, 2022.
Curry was shopping for shoes when the racking and/or shelving systems collapsed, causing part of the structure to fall on her, according to the suit.
"The structure falling on the Plaintiff caused her to suffer serious injuries to her left foot," the complaint states.
Curry claims the defendants failed to ensure the safety of its patrons by failing to ensure that its store was free of dangerous conditions.
The defendants had a duty to exercise the highest degree of care for the safety of patrons and breached that duty by failing to provide sturdy and properly-maintained structures, according to the suit.
Curry claims the defendants were negligent and caused her injuries with that negligence. She claims the defendants caused her to suffer serious and permanent injuries with their negligence.
Curry is seeking compensatory and punitive damages. She is represented by Joshua S. Ferrell and Nathan D. Brown of Ferrell and Brown in Williamson.
The defendants are represented by Peter T. DeMasters and James C. Stebbins of Flaherty Sensabaugh Bonasso in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-893