CHARLESTON — Sam's wants a lawsuit filed against it alleging a woman was injured in one of its stores dismissed.
Sam's argues that the plaintiff's complaint fails to state a claim and that it did not breach any duties owed to the plaintiff, according to an answer filed in Kanawha Circuit Court.
"Defendant asserts each and every affirmative defense found in Rule 8(c) of the West Virginia Rules of Civil Procedure, including...contributory/comparative negligence, assumption of risk, unclean hands and statute of limitations as those defenses may apply to the fact of this civil action as determined through discovery."
Sam's argues that any alleged injuries or damages were a result of the plaintiff's own negligence or a third party.
Sam's is seeking for the lawsuit to be dismissed with prejudice.
Ramona J. Carte, a resident of Montgomery, went to Sam's Club on Aug. 20, 2019, when she slipped and fell on the floor, according to a complaint filed in Kanawha Circuit Court.
Carte claims the club was careless and negligent in maintaining its floor, which caused her to fall and sustain injuries.
As a result of the defendant's conduct, the plaintiff suffered damages, including past, present and permanent physical injury; mental anguish; pain and suffering, loss of enjoyment of life; and medical expenses, according to the suit.
Carte is seeking judgment against the defendant. She is represented by Herbert L. Hively II.
Sam's is represented by Heather M. Noel and Sara E. Brown of MacCorkle Lavender in Morgantown.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 21-C-700
