Two Kosciusko County residents have filed separate lawsuits against two department stores in Warsaw.

Kosciusko County resident Abigail Pifer recently filed a lawsuit in Kosciusko Superior Court asking for damages to compensate her for a fall in the parking lot at Kmart on U.S. 30, Warsaw.

In a separate lawsuit filed recently in Kosciusko Superior Court, Kosciusko County resident Robert Hughes is suing Wal-Mart Supercenter, Warsaw, for injuries suffered when he slipped and fell on liquid soap that was spilled on the floor of the store.

According to documents filed in Kosciusko Superior Court, Pifer alleges that on May 7, 2005, as she was walking out of Kmart toward the parking lot, she tripped and fell in a depression in the blacktop near the sidewalk.

"Such depression existed as a result of the negligent maintenance and upkeep of the parking lot by Kmart Corp.," according to the complaint filed in court.

The lawsuit also names Turley Martin Tucker Co., Equicor Development Inc. and Wal-Go Associates LLC as parties in the lawsuit because they were responsible for the upkeep of the parking lot area at the store.

In the lawsuit Pifer claims, "As a direct and proximate result of (their) negligence, (she) has sustained severe and permanent injuries, incurred incurred hospital and medical expenses, emotional distress, lost wages, and may incur future medical expenses and costs, as well as the loss of a whole and useful life."

In Hughes' lawsuit against Wal-Mart Supercenter, he alleges the store is liable for injuries he suffered in a fall Jan. 22.

According to the complaint filed in Kosciusko Superior Court, Hughes was shopping in the Wal-Mart Supercenter in Warsaw when he slipped on a pool of clear liquid soap and fell, hitting his head on shelving and his body on the floor.

Hughes alleges the soap was discovered by a worker who, "rather than protecting the area and cleaning up the soap, the Wal-Mart Supercenter employee placed a small sign in the soap pool. After placing said sign and without adequately protecting the area, the Wal-Mart Supercenter employee went on break."

Hughes later turned into the aisle where the soap was spilled, stepped in the soap pool and fell.

"As a result of his fall, he struck his head on a shelving unit with the rest of his body striking the hard floor surface," the complaint states. "As a result of the fall, ... Robert Hughes was seriously injured ... incurred significant medical expenses and is likely to incur medical expenses for the rest of his life ... (and) suffered severe and excruciating pain and it is likely that he will continue to suffer from severe and excruciating pain for the rest of his life."

Hughes requests a judgement to cover the costs of the lawsuit, and "which is just and reasonable under the circumstances ... and for all other relief which is just and proper in the premises."

Attorneys for Wal-Mart already have filed a petition for removal of the lawsuit, stating that "the plaintiff is a resident and citizen of the State of Indiana and the defendants, are a corporation in the State of Delaware and its principal place of business located in the State of Arkansas. In addition, the amount in controversy exceeds the sum or value of $75,000 exclusive of interest and costs." [[In-content Ad]]