BLUEFIELD - A lawsuit against Lowe's Home Centers Inc. brought by a man who was injured by a unsecured trailer door has been removed from the active docket pending a settlement.
On Sept. 9, an order was filed in the U.S. District Court for the Southern District of West Virginia at Bluefield.
"Having been advised of the pending settlement of this action, the court finds it unnecessary for further proceedings to be conducted herein," the order states.
"The Court orders that the Clerk retire the action from the active docket of the court. The parties may submit an agreed order of dismissal within 30 days of the entry, otherwise the dismissal will be entered without prejudice.
"The court may, for good cause, reinstate this action to the active docket, which good cause shall be set forth in writing and filed with the Clerk within said thirty days."
On June 12, 2010, Donald Lambert was a patron at the Lowe's located near Princeton and had purchased bales of straw/hay, according to a complaint filed May 29 in the U.S. District Court for the Southern District of West Virginia at Bluefield.
Lambert claimed he was directed to take the receipt to an outdoor section of Lowe's to pick up the purchase where the bales were stores.
Lambert gave the receipt to an employee of Lowe's, at which time the employee stepped up into the trailer and began handing down the bales of straw/hay to Lambert, so he could put the bales in his own truck, according to the suit.
Lambert claimed while he was standing on the ground and waiting for the employee to hand him another bale, a gust of wind came and blew the door of the trailer toward the back opening where Lambert was standing and violently struck him.
Lowe's negligently failed to secure the door of the trailer to keep the door from swinging loose and allowing the door to violently strike Lambert and cause him injury, according to the suit.
Lambert was seeking compensatory damages with pre- and post-judgment interest. He was being represented by Anthony R. Veneri of Veneri Law Offices.
Lowe's was represented by Phillip D. Estep and Andrew B. Cooke of Flaherty Sensabaugh Bonasso PLLC.
The case was assigned to District Judge David A. Faber.
U.S. District Court for the Southern District of West Virginia at Bluefield case number: 1:12-cv-01724