Suit against Wal-Mart over woman hit by swinging door transferred

David Yates Jan. 9, 2012, 7:00am

A notice of removal was recently filed in a suit alleging Wal-Mart Stores should have warned an area woman not to stand in front of a swinging door.

As previously reported, Emma Clayton filed suit against Wal-Mart and Coca-Cola Enterprises on July 29 in Jefferson County District Court.

Court records show that a notice of removal of Wal-Mart was filed on Sept. 15, removing the claim to the U.S. District Court for the Eastern District of Texas, Beaumont Division.

In the notice, Wal-Mart states the parties are of diverse citizenship and the amount of damages in controversy most likely exceeds the court's jurisdictional limits of $75,000.

The suit states that on Sept. 8, 2009, Clayton was shopping at the Groves Wal-Mart when a Coco-Cola employee pushed a cart through a set of swinging doors, which struck Clayton and knocked her to the ground.

In her suit, Clayton alleges that she injured her shoulder in the incident and that both defendants failed to warn her of the dangerous condition.

The plaintiff is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Jill S. Chatelain of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur will be representing her.

Beaumont attorney Karen Spivey of Pate & Spivey represents Wal-Mart.

Judge Gary Sanderson, 6oth District Court, was originally assigned to the case.

Case No. B190-603

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