Walmart fall case moved to federal court

By Kyla Asbury | May 6, 2015

CHARLESTON – A Clarksburg woman and her husband are suing Wal-mart after they claim she was injured when she fell on the store's property.

On May 11, 2013, Mary Hustead entered Wal-mart when she slipped and fell on the wet floor and was injured, according to a complaint initially filed March 16 in Kanawha Circuit Court and removed to federal court April 16.

Hustead claims she received both temporary and permanent physical injuries and suffered mental anguish and a diminished physical capacity.

The plaintiff was caused to be incapacitated, unable to work, lost earning capacity and lost wages, according to the suit.

Hustead claims the defendant's conduct created, maintained and allowed its premises to become a nuisance.

James Hustead, Mary Hustead's husband, suffered a loss of consortium, according to the suit.

The Husteads are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Clayton G. Anderson of the Masters Law Firm.

The case is assigned to District Judge Thomas E. Johnston.

U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-04755

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