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Ohio County woman sues Walmart for husband’s death

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An Ohio County woman is suing Walmart after she says her elderly husband died from injuries he sustained when he fell on the property.

Valory Marsh, administratrix of the estate of her deceased husband John Marsh, filed the suit March 29 against Walmart doing business as Wal Mart Stores East I, Limited Partnership, in U.S. District Court for the Northern District of West Virginia.

Marsh and her husband went to Walmart on Jan. 2. In her suit, Marsh said her husband had difficulties walking and tried to steady himself on a red pedestrian bollard next to the handicapped parking area.

She said the bollard looked like a steady, immovable object but it had a loose plastic cover on top.

"It is clearly foreseeable that persons with disabilities would use the obelisk shaped, waste high monolithic structure as a pedestrian aid," the suit states.

Her suit continues, saying because the top rotated, her husband fell, sustaining a number of injuries requiring hip surgery and two other surgeries to remove infection.

However, the surgery was not successful and Marsh died February 5, the suit continued.

 "John Marsh led a proud life as a man, a father, and a husband. As a direct and proximate result of Walmart's negligence, John Marsh died in a hospital bed, in an unnatural way, without dignity," the suit states.

Marsh asked for damages including sorrow, mental anguish, compensation for loss of income, hospital expenses and funeral expenses.