CHARLESTON – A slip and fall at the South Charleston Wal-Mart has a man seeking a $70,000 judgment from the retail giant.
In a lawsuit filed in Kanawha Circuit Court, Brian W. Gillispie says he was shopping at the store on Dec. 29, 2003, when he came in contact with "water or some other substance" on the floor, causing him to fall to the flood and be injured.
In the suit, filed by attorney Stephen L. Gaylock, Gillispie says he has suffered and continues to suffer physical pain, mental pain and anguish and anxiety; has been disabled; has been required to take and be administered numerous drugs, medications and other preparations; has been required to undergo treatments, examinations, therapies and other manipulations of the body; has undergone treatment and therapy to insure proper healing to the extent possible; has suffered limitation of endurance and abilities in many activities, including those necessary to maintain standard of living and living conditions prior to incident; has had diminished ability to enjoy life; has suffered lost wages and other losses; has had discomforts and pain and has been permanently injured.
Gillispie claims Wal-Mart breached its duty to keep its facilities in good repair and condition so as not to pose a hazard of injury to the patrons. In this instance, he says Wal-Mart failed to keep the floor clean and free of liquid and other slippery substances.
Gillispie seeks a judgment of $70,000 as well as other relief.
He seeks a jury trial.
The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number: 05-C-2855