BECKLEY — A Boone County man filed a lawsuit against a major retail store for premises liability in a 2013 incident.
Richard Myers of Whitesville brought a complaint against Wal-Mart Stores Inc., headquartered in Benton, Ark., and doing business in Raleigh County, on April 24 in Raleigh Circuit Court, claiming negligence in May 2013.
The suit states that the plaintiff was shopping at the defendant’s Beckley store located at 1330 North Eisenhower Drive on May 5 or 6, 2013, when he slipped and fell in the men’s restroom as a result of encountering urine on the floor.
According to the complaint, Myers incurred injuries to his head, pelvis, back, knees and hip. The plaintiff cites the defendant for negligence, stating the store knew or should have known about the hazardous condition created by the substance on the floor surface.
Claiming that Wal-Mart was liable for failing to take corrective action to remedy the wet floor or warn the public, the plaintiff alleges physical pain and suffering; mental anguish and emotional distress; annoyance, inconvenience, and aggravation; diminished ability to enjoy life, and limited capacity to perform everyday functions.
Myers seeks compensatory and punitive damages for medical costs, pre- and post-judgment interest, attorney’s fees, and costs.
He is represented by Shawn Romano of Romano & Associates in Charleston. The case has been assigned to Judge John A. Hutchison.
Raleigh Circuit Court case number: 15-C-336-H