WHEELING – A Brooke County woman is suing over claims she was injured on the wet floor of a Wendy's restaurant bathroom.
Trista Owings filed a lawsuit Oct. 7 in Brooke Circuit Court against Primary Aim, doing business as Wendy's Store No. 309, citing negligence.
According to the complaint, Owings was at the Wendy's on Commerce Street in Wellsburg on April 20, 2013, when she slipped on an accumulation of water the bathroom floor and fell, sustaining a concussion and injuries to her neck and arm, as well as damaging her cell phone.
Owings says she has incurred more than $4,300 in medical expenses.
The defendant is accused of negligence in failing to provide a safe premises for customers or warn the plaintiff of the dangerous condition.
Owings seeks damages, including medical expenses, loss of earning capacity and lost wages, interest, court costs and attorney fees.
She is represented by attorney Daniel P. Taylor of Dittmar, Taylor and Makricostas in Weirton.
The case was assigned to Circuit Judge James P. Mazzone but was removed to the Northern District Court of West Virginia on Nov. 3 due to diversity of citizenship, as none of the members of the plaintiff company are residents of West Virginia where Owings is a resident, and alleging that the amount in controversy exceeds $75,000.
In its answer to the complaint on Nov. 3, the defendant alleged Owings' injuries were the result of her own negligence and recklessness. On Nov. 4, the defendant submitted a motion to dismiss, or, in the alternative, summary judgment requesting the dismissal of the plaintiff's claim for punitive damages, upon the claim that no facts to support the claim were provided by the plaintiff.
On Nov. 7, the plaintiff filed a motion to remand the case to circuit court based on the fact that, according to the plaintiff, the defendants failed to provide evidence that the amount in controversy exceeds $75,000.
Northern District Court of West Virginia case number: 5:14-CV-00146