J.C. Penney's sued over woman's trip in men's department

Kelly Holleran Oct. 8, 2012, 2:38am


A woman has filed suit against the store where she claims she tripped and fell, allegedly sustaining injuries that required a surgery.

Donna Harper claims she was shopping in defendant J.C. Penney on Nov. 4 when she fell on uneven flooring near the men's clothing department.

"The large floor tiles located in the walkway of the store created an unreasonably dangerous condition where the floor tiles met the carpeting at the edge of the walkway as the floor tiles and carpeting were not level with one another in said location," the suit filed Sept. 13 in St. Clair County Circuit Court states.

Because of her fall, Harper sustained a displaced right proximal humerus fracture that led to surgery and experienced extreme pain and suffering, according to the complaint. She also incurred medical costs, lost wages, sustained mental anguish, suffered depression and emotional distress and lost enjoyment of her normal life, the suit states.

In addition to J.C. Penney, Harper names CBL and Associates Management, which managed the premises, and St. Clair Square, which owned the premises, as defendants.

The defendants negligently failed to properly maintain the walkways, failed to properly inspect the walkways, failed to properly train employees to inspect the walkways, failed to warn of the dangerous condition of the walkways, failed to remove the trip hazard, failed to keep the walkways free of a trip hazard and failed to have a proper plan in place to remove tripping hazards, the complaint says.

In her four-count complaint, Harper is seeking a judgment of more than $200,000, plus costs and other relief the court deems just.

Ryan J. Mahoney of The Cates Law Firm in Swansea will be representing her.

St. Clair County Circuit Court case number: 12-L-476.

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