WINFIELD — A Branchland woman says she was injured while at Walmart, but the retail store denies the allegations against it.
Drema Donahue filed her lawsuit against Walmart in Putnam Circuit Court, claiming she was shopping at the Hurricane store when a clothing tack toppled over onto her, causing her injuries.
Walmart was negligent in maintaining the clothing rack in a reasonably safe manner and failed to warn the plaintiff and other patrons of the hazard, according to the suit.
Donahue claims as a direct and proximate result of the defendant's negligence, she was struck in the head and sustained injuries to her head, ears, face, back neck and rotator cuff, as well as hearing issues.
"As a direct and proximate result of the negligence of the defendant...Donahue was struck in the head by the unstable rack causing her to fall to the floor in the store," the complaint states.
Donahue is seeking compensatory and punitive damages. She is represented by Jon D. Hoover of Hoover Law in Barboursville.
In its answer, Walmart denied that it was at fault for Donahue's injuries and sought to have the complaint dismissed.
Walmart argues that the plaintiff's injuries were from intervening activities of third parties, which Walmart had no control over.
Walmart is represented by Tai Shadrick Kluemper and Wesley A. Shumway of Spilman Thomas & Battle in Charleston.
Putnam Circuit Court case number: 23-C-129