Woman says she was hit by boxes at Wal-Mart

CHARLES TOWN - A Maryland woman is suing Wal-Mart over an alleged incident at the company's Charles Town store.

Barbara Bayer of Knoxville, Md., filed the lawsuit July 5 in Jefferson Circuit Court, alleging that a Wal-Mart employee was responsible for knocking over boxes that struck her.

On July 9, 2004, Bayer says "while in the process of patronizing the Wal-Mart store… a Wal-Mart employee knocked several boxes off the shelf, one of which fell on Ms. Bayer's head and several others of which fell on her neck and shoulders."

The complaint adds that Wal-Mart "breached its duty of care to maintain their premises in a reasonably safe condition and to protect the plaintiff from dangerous conditions by failing to protect the plaintiff from a hazard such as the one that befell her."

As a result of the incident, Bayer says she suffered injuries to her neck, shoulders and back.

"As a direct and proximate result of the defendant's negligence, the plaintiff suffered and continues to suffer bodily injury and physical impairment, medical expenses for treatment of her injuries and physical and mental pain."

She is seeking compensatory damages and court costs.

Harry P. Waddell of Martinsburg is representing her.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-225