West Virginia Record

Wednesday, January 22, 2020

Woman seeks damages from Target over injuries from trip, fall caused by pallet at Barboursville store

Federal Court

By Kyla Asbury | Jan 15, 2020

Target

HUNTINGTON – A woman is suing Target after she was injured in its Barboursville store.

Keena Poole filed the lawsuit against Target Corp. after she tripped over a pallet that was on the floor and was injured, according to a complaint initially filed in Cabell Circuit Court and removed to federal court.

Poole alleges she was shopping in the Barboursville store and did not see the pallet on the floor before she tripped and fell over it.

"The defendant had actual and/or constructive knowledge of the trip hazard and the unreasonable risk of harm that it posed to its invitees, including Mrs. Poole," the complaint states. "The defendant's wrongful conduct constitutes careless, negligent, willful, wanton and/or reckless conduct."

Poole sustained medical expenses; pain and suffering' physical limitations and permanent impairment; diminished capacity to enjoy life; annoyance and inconvenience; and other consequences and damages associated with her injuries, according to the suit.

Poole is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Robert D. Cline, Robert A. Campbell and Letisha R. Bika of Farmer Cline & Campbell in Charleston.

Target filed a notice of removal in the case on the grounds that because it is a Minnesota corporation, federal court is the proper jurisdiction for the case. Target also argues that the amount in controversy exceeds the state court threshold.

"Plaintiff asserts that as a direct and proximate result of the defendant’s conduct she injured her left shoulder and left knee requiring extensive medical treatment," the notice states. "Plaintiff alleges that she underwent two surgeries on her shoulder including rotator cuff repair and ultimately left reverse total shoulder arthroplasty."

Target is represented by Rita Massie Biser and Lynnette Simon Marshall of Moore & Biser of South Charleston.

U.S. District Court for the Southern District of West Virginia case number 3:20-cv-00014

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