CHARLESTON – A woman who claims she slipped on black ice in Walmart's parking lot has filed suit against the store.
Tressie Richardson claims she had exited her vehicle, parked in the Walmart located in Raleigh County, on Jan. 4, 2008, and took a few steps when she slipped and fell.
Because of her fall, Richardson sustained injuries to her left knee, left arm, shoulder and back; had to be transported to the hospital in an ambulance; incurred medical costs; and experienced physical and emotional pain and suffering, annoyance, aggravation and inconvenience, according to the complaint filed April 5 in U.S. District Court.
She blames Walmart for causing her injuries, saying store management owed her a duty to ensure she was not injured on their premises.
But Walmart denies Richardson's allegations and says she caused her own fall by failing to exercise ordinary care and by her own recklessness.
In her complaint, Richardson is seeking medical expenses, prescription drug costs and other expenses she incurred after her fall; damages for physical limitations, severe emotional distress, annoyance, aggravation, inconvenience, pain and suffering imposed upon her because of the fall; pre- and post-judgment interest, attorney's fees and other relief the court deems just.
Walmart wants to see the case dismissed and to be awarded its costs in defending the case.
Walmart, an Arkansas-based company, removed the case to federal court because it is a resident of a different state than Richardson and because Richardson is seeking more than $75,000.
Walmart will be represented by Tanya Hunt Handley and John L. MacCorkle of MacCorkle, Lavender and Sweeney in Charleston.
Richardson will be represented by J. Mingo Winters of Hayden and Hart in Beckley.
U.S. District Court case number: 5:10-cv-450