Walmart removes parking lot injury case to federal court

CHARLESTON –- Walmart has removed a case against it to federal court in which a former patron claims she fell in a hole in the store's parking lot.

Originally, Sandra A. Jones and Aubrey W. Jones filed a lawsuit Nov. 18 in Nicholas Circuit Court against Walmart Stores.

Sandra Jones claims she was shopping at the Walmart located in Summersville on Feb. 1, 2009, when the incident occurred.

"After shopping at the store and returning to her car, plaintiff, Sandra A. Jones, fell in a hole in the Wal-Mart parking lot injuring herself," the suit states. "That this hole was such that agents of the defendant knew or should have known that it was there and that people could get injured by falling on it."

Because of her fall, Jones suffered injuries to her arm, left shoulder, elbow, left hip, left knee, lower back and groin area, according to the complaint. In addition, she incurred doctor, hospital and pharmaceutical expenses; suffered permanent injury; lost her ability to enjoy life; and experienced pain and suffering, the complaint says.

Aubrey Jones says he has lost his wife's consortium since the accident.

The Jones seek compensatory damages, plus pre- and post-judgment interest and costs.

Walmart removed the case to U.S. District Court for the Southern District of West Virginia, because it says the Jones are seeking more than $75,000 and because they are residents of a different state than the store.

"Prior to suit being filed, counsel for Plaintiffs provided documentation that indicated Plaintiffs allege over $70,000 in medical expenses had been incurred as a result of the subject incident," the suit states.

Larry E. Losch of Losch and McCourt in Summersville will be representing the Jones.

Tanya Hunt Handley and John L. MacCorkle of MacCorkle, Lavender and Sweeney in Charleston will be representing Walmart.

U.S. District Court case number: 2:09-1534