WEST VIRGINIA RECORD

BECKLEY - A trip-and-fall lawsuit against Wal-Mart Stores East LP has been settled dismissed from federal court.

On Dec. 6, a dismissal order was filed in the U.S. District Court for the Southern District of West Virginia at Beckley.

Both parties announced to the court that all matters of controversy had been compromised, settled and agreed to and they jointly moved the court to dismiss the action with prejudice, according to the dismissal order.

On Sept. 28, 2012, Amy S. Floyd tripped and fell on a rug as she was exiting a Walmart store in Beckley, according to a complaint filed Feb. 25 in Raleigh Circuit Court and removed to the U.S. District Court for the Southern District of West Virginia at Beckley on April 1.

Floyd and her husband, Robert L. Floyd, claimed she suffered broken fingertips; injuries to her back, knee, hip and toe; and required medical attention for her injuries.

Walmart owed a duty of reasonable care to Amy Floyd and failed to meet its duty of failing to secure all four corners of the rug to prevent a tripping hazard, according to the suit.

The Floyds claimed the defendants failure proximately caused or contributed to Amy Floyd's injuries from her fall.

Robert Floyd suffered a loss of marital consortium because of Amy Floyd's injuries, according to the suit.

The Floyds were seeking compensatory damages with pre- and post-judgment interest. They were represented by Scott H. Kaminski of Balgo & Kaminski LC.

The defendant was represented by Tanya Hunt Handley of MacCorkle Lavender PLLC.

The case was assigned to District Judge Irene C. Berger.

U.S. District Court for the Southern District of West Virginia at Beckley case number: 5:13-cv-06752