By Kyla Asbury
Kanawha Bureau
www.wvrecord.com
A Clay County couple is suing Forest City Enterprises, Inc., and Industrial Elevator Maintenance, Inc. - Charleston's Town Center Mall.
The lawsuit claims that on Dec. 14, 2009, Cindy Dunlap was a non-trespassing entrant at the Charleston Town Center and was injured as a result of a malfunctioning and/or defective escalator that was supposed to be maintained by the defendants.
Dunlap claims the defendants breached their duty of reasonable care by allowing her to suffer severe bodily injury.
The defendants failed to maintain the escalator in a reasonably safe condition, according to the suit.
Dunlap and her husband, Roger Dunlap, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Thomas H. Peyton.
The case has been assigned to Circuit Judge James C. Stucky.
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