WHEELING – A retailer has filed to remove an Ohio woman's suit over eye injuries to a federal court.
Dollar General Corp. filed a notice of removal in U.S. District Court for the Northern District of West Virginia.
The complaint was originally filed June 11 in Tyler Circuit Court by Heather Gump against Dollar General Corp. and Doe 1 over allegations of negligence.
According to the notice, the plaintiff alleges that on July 16, 2016, she was employed by vendor Driveline Retail Merchandise auditing a Dollar General store's merchandise in Middlebourne when an unsecured piece of framed art fell directly into her left eye.
She alleges she suffered physical injury, medical expenses, pain and suffering, mental anguish and lost wages as a result.
In her original complaint, the plaintiff seeks recovery of medical expense, lost wages and all other proper relief. She is represented by James R. Leach of Jim Leach LC in Parkersburg. Dollar General is represented by Rita Massie Biser and Tonya P. Shuler of Moore & Biser in South Charleston.
U.S. District Court for the Northern District of West Virginia case number 5:18-cv-00112-FPS