Lowe’s wants personal injury case moved to federal court

By Robert Hadley | Mar 10, 2016

WHEELING – Lowe’s Home Centers wants a customer’s personal injury case against the store heard in federal court.

William Fetty originally filed his lawsuit Jan. 19 in Ohio Circuit Court, saying he slipped and fell in the parking lot of the Chapline Street location in Wheeling on Jan. 31, 2014. On Feb. 26, Lowe’s sought to have the case removed to the U.S. District Court for the Northern District of West Virginia.

Fetty says he suffered injuries to his head, neck, shoulders, chest and arms, some of which are permanent. According to the suit, Lowe's and the unnamed defendants (who own the property) were aware dangerous conditions existed in the parking lot, but neglected their duty to provide safe conditions for customers.

Lowe’s says the case falls under federal jurisdiction because the damages are likely to exceed $75,000 and the plaintiff and defendant are in different states.

Lowe’s is represented by Andrew B. Cooke and Joseph R. Blalock of Flaherty, Sensabaugh & Bonasso PLLC in Wheeling. Fetty’s attorney is Shane M. Mallett of Mallet Law Offices in Wheeling.

U.S. District Court for the Northern District of West Virginia Case number 5:16-cv-00023-JPB

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Flaherty Sensabaugh Bonasso PLLC Ohio Circuit Court

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