Wal-Mart wants injury case moved to federal court

By Kelly Holleran | Sep 18, 2008

CHARLESTON – Wal-Mart has asked to have a Kanawha County lawsuit filed against it moved to federal court.

Eugenia G. Comer filed suit against Wal-Mart in May in Kanawha Circuit Court, claiming she was injured after one of the store's employees fell off a ladder, hitting her during his fall.

Comer alleges she was shopping at Wal-Mart on May 19, 2006, and was near an employee who was working on a ladder, according to the original complaint filed May 16.

After the employee shifted on the ladder, he fell and struck Comer, the suit states.

Comer claims she suffered physical and mental pain, mental anguish and anxiety and has been disabled as a result of the incident.

She has had to take medicines and to undergo treatments, examinations and therapies after the fall, according to the complaint.

Comer has suffered a limitation of endurance and abilities in many activities and has experienced a diminished ability to enjoy life, the suit states.

She claims she has lost wages and has been permanently injured.

Comer is seeking a judgment in an amount sufficient to compensate her for her injuries, plus interest, cost and attorney' fees.

Earlier this month, Wal-Mart filed a motion in U.S. District Court to have it moved there.

Stephen L. Caylock of Charleston will be representing Comer.

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