ELKINS -- Wal-Mart wants a case in which a customer claims she was injured by a cart train at one of its stores heard in federal court.
Andrea and Jason Chidester originally filed their lawsuit June 1 in Upshur Circuit Court, saying Andrea was injured by a cart train driven by a Wal-Mart employee Jan. 9.
On June 26, Walmart sought to have the case removed to federal court.
According to the original lawsuit, Andrea Chidester was at a Wal-Mart Super Center Store in Upshur County on Jan. 9 when a cart train driven by an employee struck Chidester, pinning her to the floor and pushing her forward several feet. Andrea says she sustained friction burns and a torn meniscus. Wal-Mart is accused of negligence and Jason Chidester claims loss of consortium.
Wal-Mart seeks the removal due to the suit existing between citizens of different states and because the amount in controversy exceeds $75,000.
Wal-Mart is being represented in the case by attorney Heather M. Noel of MacCorkle Lavender PLLC in Morgantown. The Chidesters are being represented in the case by attorneys Erika Klie Kolenich and Lorena Ellen Waddell of Klie Law Offices PLLC in Buckhannon.
U.S. District Court West Virginia Northern case number 2:14-cv-00050-JPB