CHARLESTON - A wheelchair-bound woman is suing Wal-Mart over an April 2004 incident where she claims a swing set fell on her.

Helen E. Hervey filed the case April 26 in Kanawha Circuit Court and is seeking compensatory damages.

R. Ray Lovejoy, II is her attorney.

Hervey says that she was shopping on April 27, 2004, when a canopied swing set fell and struck her upper body.

"Minimal actions, efforts, and materials applied by Wal-Mart agents, employees, and/or managers could have prevented the canopy swing from striking the plaintiff," the complaint says.

After the incident, Hervey says she filled out a customer statement where she immediately complained of paint to her head, neck and shoulder.

In March, Sandra Hart filed a suit in Monongalia Circuit Court that alleged a snowboard fell off a display at Wal-Mart and injured her ankle. In December, Sandra Watters filed suit in Kanawha Circuit Court claming she slipped on a soft drink tray and fell in the Nitro Wal-Mart.

Hervey's alleged incident happened at the South Charleston Wal-Mart.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-768

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