CHARLESTON – The defendant in a premises liability case is
petitioning to move the suit from state to federal court.
Home Depot USA Inc. filed the petition May 5 in U.S.
District Court for the Southern District of West
In the original complaint, Harold E. Mynhier, as executor of
the estate of Twila Faye Mynhier (deceased), filed a lawsuit March 30 in Kanawha
Circuit Court against Home Depot, alleging premises liability and negligence.
The suit says Mynhier was injured in a fall April 2, 2014
while entering the Home Depot store at Cross Terrace Boulevard in Charleston,
allegedly as a result of the store’s failure to place caution signs around the
automatic entrance doors.
Home Depot says the case falls under federal jurisdiction
because the parties are in different states and the amount in question is more
Mynhier seeks a jury trial, general and special compensatory
damages to be determined at trial, and interest and litigation costs. He is
represented by Charleston attorney G. Patrick Jacobs of the Law Office of G.
Home Depot is represented by attorneys W. Barry Montgomery
and Brian A. Cafritz of Kalbaugh, Pfund & Messersmith P.C. in Richmond, Va.
U.S. District Court for the Southern District of West Virginia Charleston Division Case number 2:16-cv-4197
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