Customer alleges Wal-Mart's negligence led to him being struck by shopping carts

By Jenie Mallari-Torres | Sep 21, 2018

CLARKSBURG — A Marion County customer is suing Wal-Mart, alleging negligence and vicarious liability.

Richard Bartus filed a complaint in U.S. District Court for the Northern District of West Virginia Clarksburg Division against Wal-Mart Stores Inc., alleging failure to provide a safe environment for its business invitees.

According to the complaint, on Dec. 17, 2017, Bartus was at the Wal-Mart in Whitehall as a customer when he was struck by a row of shopping carts negligently maneuvered by a Wal-Mart employee. As a result, Bartus says he sustained a neck fracture, was required to undergo a total left hip replacement, suffered physical and emotional injuries, and has incurred about $90,000 in medical and life care expenses. 

The plaintiff alleges Wal-Mart Stores breached its duty by the unsafe maneuver of the shopping carts, and failed to properly supervise its employees for the safe performance of their duties.

Bartus seeks trial by jury, compensatory damages, interest and all general and specific just relief. He is represented by attorneys Dino S. Colombo and Kala L. Sowers of Colombo Law in Morgantown.

U.S. District Court for the Northern District of West Virginia Clarksburg Division case number 18-cv-152

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