WHEELING - A lawsuit against Target filed in federal court after a woman and her husband claimed she was injured has been settled and dismissed.

The lawsuit was first filed in Ohio Circuit Court, before it was removed to the U.S. District Court for the Northern District of West Virginia at Wheeling on April 23, 2012.

Marj Scarberry and Samuel Scarberry, together with the defendant, announced to the court that the action had been compromised, settled and agreed and moved the Court to dismiss the action, according to a dismissal order filed Aug. 22 in the U.S. District Court for the Northern District of West Virginia at Wheeling.

Although the plaintiffs did not specify the total amount they seek, "it is clear, given the totality of their claims, that the amount in controversy" exceeded $75,000, according to the Notice of Removal filed on April 23, 2012.

Marj Scarberry was at Target on March 20, 2010, and was walking down an aisle when she caused to violently slip and fall on an unsafe, dangerous and unmaintained walkway, according to the complaint.

Scarberry claimed Target owed a duty to maintain, inspect and/or adequately clean the floor where she slipped and fell, resulting in injuries.

As a result of the defendant's recklessness, carelessness, negligence and violations of law, Scarberry incurred expenses for medical care and attention for her injuries, according to the suit.

Scarberry and her husband, Samuel Scarberry, were seeking compensatory damages with pre- and post-judgment interest. They were being represented by Ronald W. Zavolta of Zavolta Law Office.

The case was assigned to District Judge John Preston Bailey.

U.S. District Court for the Northern District of West Virginia at Wheeling case number: 5:12-cv-00057

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