Berkeley woman sues after falling on pallet at Wal-Mart

MARTINSBURG - A Berkeley County woman has filed a suit against the nation's largest retailer after she was injured when she fell on an empty pallet at the store.

Margaret Kohl filed a suit Nov. 5 in Berkeley Circuit Court against Wal-Mart.

According to the suit, Kohl went to Wal-Mart in Martinsburg on Nov. 5, 2005. While there, she came to the end of an aisle and was "confronted by a wide aisle, which had been divided by stacked displays of goods on pallets as well as coolers for refrigerated items," the suit says.

Kohl claims she came into contact with an empty pallet that was meant for a soda product display. She tripped over the pallet and stuck her knees on the floor.

According to the suit, Wal-Mart is negligent because it left the unnoticeable pallet, which is in the same nature as a hidden danger, trap, snare or pitfall.

Kohl claims she was grievously injured when she fell, and suffered great physical and emotional pain to her body and psyche. She also claims she has incurred various medical bills.

Kohl, through attorney Kenneth Ford, seeks compensatory and punitive damages.

The case has been assigned to Judge Gray Silver.

Berkeley Circuit Court case number 07-C-1215