SOUTHEAST TEXAS RECORD

Following four months of litigation, a suit alleging a customer tripped over a grate at the Lufkin Wal-Mart store has been dismissed.

As previously reported, William Newt Courtney filed suit June 4 in Eastern District Court of Texas Lufkin Division against Wal-Mart Stores Inc.

Court records show that on Sept. 26 Courtney filed a motion to dismiss, stating all controversy between him and Wal-Mart have been resolved and that he no longer wishes to pursue the cause.

Four days later, Judge Ron Clark dismissed the case with prejudice.

In his complaint, Courtney says he was at the Lufkin Wal-Mart store on Nov. 17, 2012, shopping for 12-volt batteries. While being led through the store, a Wal-Mart employee stepped on a loose grate, which caught on Courtney’s shoe and caused him to trip and fall, injuring his face, head, hip and back.

Wal-Mart was accused of failing to maintain its premises in a safe condition, allowing and/or causing a dangerous condition, failing to properly inspect the premises for the presence of dangerous conditions, failing to train employees to recognize and remedy dangerous conditions on the premises, failing to timely repair or replace the grate and failing to provide proper warnings of the presence of a dangerous condition.

Courtney was seeking damages, interest and cost in an amount to be determined by the court.

Lufkin attorney Kirk Mathis of Chandler, Mathis & Zively PC, represented him.

Eastern District Court of Texas Lufkin Division Case No. 9:14-cv-00079-RC