Lawsuit against Gander Mountain over alleged chair collapse settled

By Kyla Asbury | Sep 11, 2013

CHARLESTON - A lawsuit against Gander Mountain Company has been settled and dismissed from federal court.

Danny Hurst; John Doe(s) and Jane Doe(s), unknown employees; and John Doe Corporation, were also named as defendants in the suit.

Elberta A. Jackson and the defendants came before the court and represented that with respect to all claims, the claims have been compromised, agreed and settled , according to a dismissal order filed Sept. 3.

On Nov. 11, 2009, Elberta A. Jackson and her now deceased husband, Billy Jackson, were business invitees of Gander, and while Billy Jackson was looking at the store's merchandise, Elberta Jackson attempted to sit in one of the chairs that were assembled on the storeroom floor, according to a complaint filed Jan. 19, 2012, in the U.S. District Court for the Southern District of West Virginia at Charleston.

Elberta Jackson claimed the chair collapsed under her as she attempted to sit down and caused her to suffer severe and permanent injuries.

Following the collapse of the chair, the defendants who were at least partially responsible for the storeroom floor and the items on it, helped Elberta Jackson up, according to the suit.

Elberta Jackson claimed as a result of the defendants' breach of duties they owed to her, she suffered severe and permanent injuries.

Elberta Jackson was seeking compensatory and punitive damages with pre- and post-judgment interest. She was being represented by Troy N. Giatras of the Giatras Law Firm PLLC.

The defendants were represented by John R. Fowler of John R. Fowler PLLC.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:12-cv-00099

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