Wal-mart, customer settle lawsuit out of court

By Kyla Asbury | Apr 24, 2018

KINGWOOD – Wal-mart and a customer who alleged he was injured in its Kingwood store have agreed to settle a lawsuit out of court.

The final order was filed on April 2 in Preston Circuit Court by Judge Lawrance S. Miller Jr. and stated that Jonathan Davis Mann and Wal-mart informed the court the previous day that they had settled all clams, issues and disputes in the civil action.

The parties jointly moved the court to dismiss the case with prejudice .

“Upon mature consideration of the parties’ joint motion to dismiss, and it appearing otherwise proper, it is accordingly ordered that the above-captioned civil action shall be, and hereby is, dismissed with prejudice as to all parties and all employees…and related companies of all parties…pursuant to Rule 41(a) of the West Virginia Rules of Civil Procedure,” the final order states.

The lawsuit was filed last year and alleged that Mann walked into the Wal-mart in Kingwood on May 21, 2015, and, due to the wet floors that were not marked as being wet or having been cleaned, he fell and was injured.

Mann claimed the incident was witnessed by at least two other patrons and was reported to Assistant Manager Robert Travis.

Mann claimed Wal-mart’s maintenance of the floors was negligent and careless and violated the standard of care owed to him and other store patrons.

Mann was seeking compensatory damages with interest. He was represented by Edmund J. Rollo.

Wal-mart was represented by Joseph Caltrider of Bowles Rice.

Preston Circuit Court case number: 17-C-56

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