CHARLESTON – A Mingo County couple says the wife was injured when she slipped on an unknown substance on the floor at Sam’s Club.
Ramona and Timothy Mahon of Delbarton filed their complaint originally filed in Kanawha Circuit Court against Walmart Inc. doing business as Sam’s Club. It later was transferred to federal court, where Walmart also sought to have the case dismissed.
According to the complaint, Ramona Mahon was visiting Sam’s Club in South Charleston when she slipped and fell because of a “latent hazard” the defendant had allowed to exist on its floor in a walkway.
The plaintiffs say the defendant failed to properly employ, instruct, train, manage and supervise its employees in preventing such a hazard. They say the defendant also didn’t warn plaintiff and others of such a danger.
Ramona Mahon says she has and will endure pain and suffering, medical expenses, diminution in her ability to enjoy life, permanent impairment of her ability to labor and earn money and other damages. Timothy Mahon says he has suffered loss of consortium.
The couple seeks compensatory damages, court costs, attorney fees, pre- and post-judgment interest and other relief.
The Mahons are being represented by Greg K. Smith of the Law Office of Greg K. Smith in Williamson. Walmart is being represented by Heather Noel, Sara Brown and Michael Mullins of MacCorkle Lavender in Morgantown.
U.S. District Court for the Southern District of West Virginia case number 2:20-cv-00399
