Kanawha man's case against Walmart moved to federal court

CHARLESTON -- A Kanawha County man has filed suit against Walmart after he claims he sustained injuries when he tripped on a metal post near the store's entrance.

In his complaint, Clyde Nelson claims he visited the Cross Lanes Walmart on March 31, 2008, and decided to enter the store through its Tire and Lube entrance.

According to the complaint Nelson filed March 29 in Kanawha Circuit Court, Nelson tripped on a metal pole not properly marked by any flags or cones as he attempted to enter the store.

Because of his fall, Nelson suffered injuries; incurred medical costs; lost income; and experienced pain, mental anguish, distress, annoyance, aggravation, inconvenience and loss of enjoyment of life, the suit states.

In his complaint, Nelson blames Walmart for causing his fall, saying the store failed to maintain the premises in a reasonably safe condition.

But Walmart claims it has done no wrong and would like to see Nelson's complaint dismissed.

"The Plaintiff's claim fails to state a cause of action for which relief can be granted and, accordingly, should be dismissed," Walmart's response states.

Nelson is seeking an unspecified judgment, plus other relief the court deems just.

Walmart removed Nelson's case to U.S. District Court for the Southern District of West Virginia, saying it and Nelson are residents of different states. In addition, it claims Nelson seeks more than $75,000 as evidenced by his refusal to sign a letter agreeing to collect no more than that amount.

Harry F. Bell Jr. of The Bell Law Firm in Charleston will be representing Nelson.

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

U.S. District Court case number: 2:10-cv-736