West Virginia Record

Monday, February 24, 2020

Man says he was injured in slip-and-fall at Cabell Co. Wal-Mart store

By Kyla Asbury | Oct 28, 2015


HUNTINGTON – A man is suing Wal-Mart Stores Inc. after he claims he was injured when he slipped and fell in the store.

On May 6, 2014, Joshua Cremeans was in Wal-Mart when he slipped on fabric softener left on the floor of the store and was injured, according to a complaint filed in Cabell Circuit Court and removed to federal court Oct. 9.

Cremeans claims the store had a duty of care to keep the premises in a reasonably safe condition.

Wal-Mart breached its duty by allowing the dangerous condition to exist, according to the suit.

Cremeans claims the defendant failed to properly provide and maintain adequate lighting; failed to keep the passageway intended for public use free and clear from unreasonable defects, hazards or obstructions; and failed to construct and arrange its aisles and displays to keep them free and clear from unreasonable defects, hazards or obstructions and/or to permit the free and safe passage of invitees and employees.

The defendant also failed to exercise reasonable care to correct the conditions in the store; failed to warn Cremeans as to the existence of hazardous conditions; permitted employees to create hazardous conditions; and permitted its employees known to have access to the area to create hazardous conditions, according to the suit.

Cremeans claims as a result of the defendant's careless, reckless, negligent, willful, wanton, malicious and unlawful acts, he suffered injuries to his lower extremities, including his lower back and left knee, as well as his upper extremities and right wrist.

Cremeans is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Zachary J. Poole of Fredeking & Fredeking Law Offices LC.

Wal-Mart is represented by Heather M. Noel and Sara E. Brown of MacCorkle Lavender PLLC.

U.S. District Court for the Southern District of West Virginia case number 3:15-cv-13841

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Organizations in this Story

Fredeking & Biser Law OfficesMacCorkle Lavender PLLC