MORGANTOWN – A Preston County woman is suing Wal-Mart Stores East LP after she claims she was injured in one of its stores.
On Oct. 19, 2013, Carole Miller was shopping at the Wal-Mart in Randolph County when a heavy display of large rolls of plastic fell onto her, causing her injury, according to a complaint filed Oct. 7 in Monongalia Circuit Court.
Miller claims Wal-Mart had a duty to keep its premises in a reasonably safe condition for her and other non-trespassing entrants and failed to do so.
Wal-Mart failed to keep its premises in a reasonably safe condition and failed to properly anchor the large rolls of plastic so as to prevent falling, according to the suit.
Miller claims Wal-Mart's failure was negligent and reckless.
Wal-Mart routinely keeps surveillance video cameras operating in all areas of its retail stores and was aware of the potential claim as soon as it happened and was also informed of the potential claim by Miller's counsel, according to the suit. However, Wal-Mart willfully destroyed the video tape.
Miller claims the evidence destroyed may have been vital to her ability to prevail in her personal injury action resulting from Wal-Mart's negligence and Wal-Mart's destruction of the video was intended to defeat the plaintiff's ability to prevail in her cause of action.
As a result of the defendant's negligence, intentional misconduct and other wrongful conduct, Miller suffered medical expenses, lost income, loss of ability to enjoy life and permanent disfigurement, according to the suit.
Miller is seeking compensatory damages with pre- and post-judgment interest. She is being represented by C. Paul Estep of Estep & Shaffer LC.
Monongalia Circuit Court case number: 15-C-637