CHARLESTON – A couple is suing Wal-mart after they claim it is responsible for injuries sustained on the premises of one of its stores. 

Tommy Comer, a manager at Wal-mart Store #1477, was also named as a defendant in the suit.

On Aug. 4, 2015, Rose Sharon Hicks went to Wal-mart and was shopping in the dog food aisle when she slipped on water that had been previously spilled in the aisle and she fell on the concrete surface, according to a complaint originally filed in Nicholas Circuit Court and removed to federal court June 5.

Hicks claims she did not see the water and was attempting to proceed safely through the aisle when she slipped and fell.

The plaintiffs injuries included injuries to her hips, lower back, back of neck and head and numbness from the waist up with an immediate onset of nausea, according to the suit.

Hicks claims she also momentarily lost consciousness after the back of her head came into contact with an object.

The plaintiff was transported to Summersville Regional Medical Center for evaluation and referral, according to the suit.

Donald S. Hicks, Rose Hicks’ husband, claims he suffered a loss of consortium, which is expected to continue throughout the remainder of his life, according to the suit.

The Hicks’ are seeking compensatory damages. They are being represented by William A. McCourt Jr. of Losch & McCourt; and Henry E. Wood III of Wood Law Office.

Wal-mart is represented by Joseph L. Caltrider and Joshua A. Johnson of Bowles Rice.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03185

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Bowles Rice LLP
600 Quarrier St.
Charleston, WV - 25301

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