The West Virginia Record; Attorney sues Nike after breaking her ankle. A Charleston attorney and her husband are suing Nike USA and Nike Inc. after they claim the companies defectively designed or manufactured a pair of shoes.
On Sept. 2, 2008, Shawna N. Pinkerton was wearing a pair of defectively designed and/or manufactured flip flops made and/or sold by Nike, according to a complaint filed Sept. 2 in Kanawha Circuit Court.
Pinkerton claims that because of the defective nature of the footwear, she dislocated and broke her ankle.
The defendants negligently designed and/or manufactured the footwear, causing Pinkerton to break her ankle and suffer damages, including hospital bills, pain and suffering, lost wages and other damages, according to the suit.
Pinkerton claims by selling a defective product; failing to warn her of the dangers of the ordinary use of the footwear; and breached express and implied warranties.
Nike owed Pinkerton and her husband, Michael Shayne Pinkerton II, a duty to warn them of any hazards regarding the product and failed to do so, according to the suit.
The Pinkertons are seeking compensatory damages. Mrs. Pinkerton, who is listed on the complaint as staff counsel for Geico in Charleston, is representing herself and her husband. The case has been assigned to Circuit Judge Carrie Webster. Kanawha Circuit Court case number: 10-C-1595