A woman who claims she suffered serious injuries from a pothole outside a Bellingham Walmart is suing the retail giant after her medical expenses reportedly exceeded $105,000.
The lawsuit, filed by Bonnie Ellis in Whatcom County Superior Court, accuses Walmart of negligence in connection with a September 2023 incident at its Supercenter at 4420 Meridian Street.
According to the complaint, Ellis visited the store in September 2023 with her sister-in-law, who was driving.
They parked in a designated handicapped parking area, and Ellis got out of the vehicle and began pushing a shopping cart toward the store’s entrance.
As she crossed the parking lot, the cart suddenly became stuck in a large pothole, causing her to fall, the lawsuit alleges.
Ellis claims she suffered injuries to her neck, back and right leg, along with emotional and physical pain.
The complaint describes the injuries as potentially permanent and disabling, alleging they have caused ongoing pain and suffering and will require additional medical treatment.
Ellis argues that Walmart failed to maintain its parking lot in a reasonably safe condition for customers.
The lawsuit further alleges that the pothole had existed long enough for Walmart to reasonably discover the hazard and address it before someone was injured.
Court documents do not specify how long the pothole had been present or whether the store had received previous complaints about it.
According to an Oct. 9 filing by Walmart’s attorneys, Ellis’s legal team provided documentation of $105,436.28 in medical expenses related to the alleged fall before filing the lawsuit.
Ellis is seeking compensation for her injuries, medical treatment, pain and suffering, and other damages. The complaint does not specify a total dollar amount.
The case was originally filed in Whatcom County Superior Court before Walmart requested its transfer to the US District Court for the Western District of Washington.
Walmart’s attorneys argued that the case qualifies for federal jurisdiction because Ellis is a Washington resident, while the company is incorporated in Delaware and maintains its headquarters in Arkansas.
The company also cited the documented medical expenses as evidence that the amount in dispute exceeds the $75,000 threshold for federal jurisdiction in cases involving parties from different states.
Walmart denies liability.
