FAYETTEVILLE – The mother of a 16-year-old Fayette County boy is suing Family Dollar Store over an injury to his foot that allegedly took place on the store’s sidewalk.
Brandon Yarber, by his mother and next friend Samantha Wright, filed a lawsuit March 29 in Fayette Circuit Court against Family Dollar Stores of West Virginia LLC and Landvest Mt. Hope LLC, alleging premises liability and negligence.
According to the complaint, Yarber was exiting the Family Dollar store in Mount Hope on May 4, 2011, when his foot became impaled by a stick left on the walkway. The suit says at the time of the incident, a store employee told the boy and his mother that someone had been cutting nearby trees and had forgotten to clean up after themselves. Yarber says the stick pierced his foot, damaging nerves, causing pain and suffering, and prompting surgical procedures, leaving his foot with permanent damage requiring a prosthetic insert and ongoing medical costs.
The plaintiffs seek a jury trial and damages for medical expenses, pain and suffering and other damages in an amount to be proven at trial. They are represented by attorney Timothy P. Lupardus of the Lupardus Law Office in Pineville. Judge Paul M. Blake Jr. is assigned to the case.
Fayette Circuit Court Case number 16-C-87