Beckley woman sues Lowe's for injuries from fall

By Kyla Asbury | Jan 8, 2019

BECKLEY — A woman is suing Lowe's Home Centers after she claims she was injured while on its property.

Mary Ann Lilly was at the Lowe's store in Beckley on March 24. 2016, when a heavy-duty steel platform cart was sitting unattended in an aisle that caused her to fall, according to a complaint initially filed in Raleigh Circuit Court and later removed to federal court.

Lilly claims the cart was stationed across from wallpaper books that were on display to be examined by customers and she was not warned that the cart was there unattended.

There was no way for Lilly to avoid the hazardous condition and no preventative measures were taken by Lowe's to remove the hazardous condition, according to the suit.

Lilly claims Lowe's completely disregarded the safety of its customers by leaving the steel cart unattended in the aisle without warnings. She claims when she fell she was injured.

Lowe's had a duty to exercise care to make sure its customers were safe from harm and breached that duty by allowing the steel cart to remain unattended, according to the suit.

Lilly claims Lowe's was negligent in misrepresenting and concealing the condition of the steel cart and failed to protect its customers.

Lilly is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Robert P. Dunlap II of Dunlap & Associates.

Lowe's sought removal to federal court due to the amount in controversy exceeding the jurisdictional limit and complete diversity between Lowe's and Lilly.

Lowe's asserted the removal was timely and the venue was proper. It also noted in the notice of removal that by letter dated Oct. 30, Lilly demanded $140,000 to resolve the matter.

Lowe's is represented by Jason A. Proctor and Andrew B. Cooke of Flaherty Sensabaugh Bonasso.  

U.S. District Court for the Southern District of West Virginia Case number: 5:18-cv-01473

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Flaherty Sensabaugh Bonasso PLLC U.S. District Court for the Southern District of West Virginia Beckley Division

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