MORGANTOWN — A Monongalia customer is suing Wal-mart, alleging the defendant's negligence led to injuries for the plaintiff.
Earl H. Kerns filed a lawsuit Nov. 28 in Monongalia Circuit Court against Wal-mart Stores Inc., doing business as Walmart Supercenter, Mark McDonald, Adam Blair, et al, alleging failure to maintain their premises in a reasonably safe condition.
According to the complaint, on May 17, after returning a shopping cart to the cart corral at the Walmart Supercenter in Granville, West Virginia, Kerns, 88, who is handicapped, attempted to exit the corral to return to his vehicle. The suit says Kerns' foot caught on a disconnected metal ground plate and he fell, striking his head on the ground and sustaining serious injuries.
The lawsuit states Kerns will continue to experience medical expenses, pain and suffering and loss of enjoyment of life. The plaintiff alleges the defendants negligently chose not to repair the cart corral and failed to provide any warning about the danger of using it.
Kerns seeks trial by jury, judgment for all damages he has sustained, pre- and post-judgment interest, court costs and attorney fees, plus other proper relief. He is represented by attorneys Jeffrey L. Robinette and Terry B. Tignor of Robinette Legal Group PLLC in Morgantown.
Monongalia Circuit Court Case number 16-c-594