BECKLEY – A Raleigh County couple blames a “barely visible” crosswalk outside a Walmart for contributing to the husband being hit by a car in the parking lot.
Everett and Elizabeth Agnor of Beckley filed their complaint against Suman Maharjan and Wal-Mart Stores East LP last month in Raleigh Circuit Court.
Everett Agnor was exiting the Walmart Supercenter on North Eisenhower Drive in Beckley on Jan. 29, 2015, when he entered the crosswalk outside the store.
“The crosswalk utilized by Mr. Agnor was and remains barely visible to drivers due to Walmart’s failure to maintain and upkeep the crosswalk markings in a reasonable and prudent manner,” the complaint states.
The complaint says Maharjan was looking for a parking space and struck Agnor from behind with his vehicle.
“Maharjan states he was driving from one aisle in the parking lot to another aisle looking for a place to park when his vehicle struck Mr. Agnor,” the complaint states. “The Walmart parking lot at issue has only one stop sign at the end of the parking aisles facing the Walmart store. Maharjan was not subject to that one stop sign.”
The Agnors say Maharan was negligent in operating his vehicle, and they say Walmart was negligent by failing to provide proper traffic control signs and signals.
Everett Agnor says he suffered personal injury, pain and suffering, loss of enjoyment of life, mental distress, medical expenses and other damages. His wife says she has suffered from loss of consortium.
They seek compensatory damages, punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
The Agnors are being represented by Kathy A. Brown of Kathy Brown Law PLLC in Charleston and Timothy D. Houston of Houston Law PLLC in Charleston. The case has been assigned to Circuit Judge John A. Hutchison.
Raleigh Circuit Court case number: 15-C-769
