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WEST VIRGINIA RECORD

Wednesday, April 17, 2024

Couple blames Wal-Mart for wife's injuries

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FAYETTEVILLE — A Fayette County couple is suing Wal-Mart, alleging the defendant's negligence led to the wife sustaining injuries. 

Mary Withrow and William Dale Withrow of Ansted filed a lawsuit Dec. 1 in Fayette Circuit Court against Wal-Mart Stores East LP, Patrick Alton and Jane Doe, alleging they breached their duty to provide a safe environment.

According to the complaint, on Nov. 19, 2015, the Withrows were shopping for groceries at the Wal-Mart store in Fayetteville when Mary Withrow was suddenly struck from behind by a flatbed dolly being used by Wal-Mart employee Jane Doe. The suit says the accident caused Withrow  to sustain injuries to her left shoulder, lower back, feet, ankles and legs that resulted in great pain, mental anguish, loss of sleep, and inconvenience. 

The plaintiffs allege the defendants failed to provide adequate training and supervision and failed to exercise due care.

The Withrows seek trial by jury, compensatory damages in an amount to be proven at trial, plus pre- and post-judgment interest, court costs and expenses and all other appropriate relief. They are represented by attorney Kathy A. Brown of Kathy Brown Law PLLC in Charleston.

Fayette Circuit Court Case number 16-c-323

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