West Virginia Record

Monday, February 24, 2020

Woman sues Wal-mart for slip and fall

By Kyla Asbury | Jun 13, 2017


BECKLEY – A woman is suing Wal-mart Stores after she claims she slipped and fell on the floor in one of its stores.

On June 6, 2016, Loretta Gayle Ballard was a customer at Wal-mart and was walking through the store when she fell on a slippery, liquid substance in the floor, according to a complaint filed April 21 in Raleigh Circuit Court and removed to federal court on May 26.

Ballard claims she fell and sustained serious and permanent injuries to her left shoulder and sought treatment for the injuries.

The plaintiff was diagnosed with a torn rotator cuff and torn tendons and had to undergo surgery, as well as other treatment, according to the suit.

Ballard claims the defendants were negligent in failing to ensure that the area was reasonably safe and free from nuisances and dangerous conditions.

The defendants breached its duty of reasonable care by failing to properly inspect and clean the store, including the area in which the plaintiff fell, according to the suit.

Ballard claims the defendant’s negligence caused her permanent and serious injuries.

Ballard is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Phillip Estep, Todd S. Bailess and Rodney A. Smith of Bailess Smith.

Wal-mart is represented by Heather M. Noel and Sara E. Brown of MacCorkle Lavender.

U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-03057

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Organizations in this Story

Bailess Law FirmMacCorkle Lavender PLLC