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WAL-MART STORES EAST, L.P. v. ANKROM

No. 19-0666.

854 S.E.2d 257 (2020)

WAL-MART STORES EAST, L.P., Petitioner v. Johna Diane ANKROM, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 18, 2020.

Concurring and Dissenting Opinion of Justice Jenkins November 23, 2020.

Attorney(s) appearing for the Case

Jeffrey M. Wakefield, Esq. , Erica M. Baumgras, Esq. , Mitchell B. Tuggle, Esq. , Flaherty Sensabaugh Bonasso PLLC, Charleston, West Virginia, Elbert Lin, Esq. , Hunton Andrews Kurth LLP, Richmond, Virginia, Counsel for the Petitioner.

James G. Bordas, III, Esq. , Scott S. Blass, Esq. , James B. Stoneking, Esq. , BORDAS & BORDAS, PLLC, Wheeling, West Virginia, Todd S. Wiseman, Esq. , Wiseman Law Firm, PLLC, Vienna, West Virginia, Counsel for the Respondent.

Ancil G. Ramey, Esq. , Steptoe & Johnson, PLLC, Huntington, West Virginia, Counsel for Amicus West Virginia Retailers Association.

A shoplifter collided with Johna Diane Ankrom in the "action alley" of a Wal-Mart in Parkersburg, West Virginia, in February 2015. Ms. Ankrom was severely injured, sued Wal-Mart Stores East, L.P. (Wal-Mart), and, after a jury trial, was awarded approximately $16.9 million in damages....

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