CHARLESTON — A woman is suing Lowe’s Home Centers alleging she was injured with wooden privacy fencing fell on top of her and knocked her unconscious.
Linda Persinger and her husband went to Lowe’s in Logan to purchase wood privacy fencing for their home on March 25, 2018, according to a complaint filed in Kanawha Circuit Court and removed to federal court March 25.
Persinger claims they located the fencing they were interested in and went to find an associate to help them, but could not find anyone, so they attempted to get the fencing themselves.
The way the fencing was stored was upright on the floor with only a wire holding the pieces of fencing.
Persinger claims when she was holding the fencing in place, she was overtaken by the weight of the fencing and multiple pieces of fencing fell into her, knocking her hard into the concrete floor, where pieces of flooring them fell on top of her and completely covered her up and knocked her unconscious.
The plaintiff’s husband yelled for help and attempted to lift the fencing off his wife, and help eventually arrived and the fencing was removed off of Persinger and she was transferred to the hospital for medical care, according to the suit.
Persinger claims she suffered from physical pain and suffering, as well as emotional distress because of the incident.
The plaintiff also suffered a loss of enjoyment of life and received medical care and treatment and incurred medical bills and expenses because of the injuries she suffered, according to the suit.
Persinger is seeking compensatory damages with pre- and post-judgment interest. She is represented by Brent K. Kesner and Shawn C. Gillispie of Kesner & Kesner in Charleston.
Lowe’s sought to have the case removed to federal court because the amount in controversy exceeds the $75,000 state court limit. Lowe’s also argues that it should be removed because there is diversity of citizenship between the parties.
Lowe’s is represented by Monte L. Williams and Elizabeth L. Stryker of Steptoe & Johnson in Morgantown.
U.S. District Court for the Southern District of West Virginia case number: 2:20-cv-00219
