CLARKSBURG - A lawsuit against Hollywood Theaters Inc. in which a man claimed he suffered an electrical shock at the theater's concession counter has been settled.
On Nov. 15, U.S. District Judge Irene M. Keeley filed an order directing counsel to submit a dismissal order.
"Having been advised that the parties have fully resolved this dispute, the court directs counsel for the plaintiff to forward an appropriate dismissal order..." the order states.
A final dismissal order was filed on Dec. 4 in the U.S. District Court for the Northern District of West Virginia at Clarksburg and the case was dismissed with prejudice.
On Jan. 14, 2011, Matthew D. Barcus went to the defendant’s theater to watch a movie, according to a complaint filed Jan. 14 in Monongalia Circuit Court and then removed to federal court.
Barcus claimed he purchased a ticket into the theater and was purchasing a beverage at the concession counter when he touched a drinking-straw dispenser and suffered a powerful electric jolt or shock that threw him violently to and against the floor.
The defendant was negligent in failing to maintain the concession counter area in a reasonably safe condition for its patrons, according to the suit.
Barcus claimed the defendant failed to clear or mop water, snow and ice from the floor in and around the concession area and failed to warn him of the high risk of receiving an electrical shock when the defendant knew or should have known the area had become unsafe for patrons.
Hollywood Theaters failed to inspect, repair and keep its electrical appliances and wires in and around the concession area in a reasonably safe condition, according to the suit.
Barcus was seeking compensatory damages in the amount of $400,000 with pre-judgment interest. He was represented by William R. Metzner.
The defendant was represented by Heather M. Noel of MacCorkle Lavender PLLC.
U.S. District Court for the Northern District of West Virginia at Clarksburg case number: 1:13-cv-00026