HUNTINGTON – Speedway filed a motion for summary judgment in a lawsuit against the company for injuries allegedly sustained at one of its Huntington gas stations.
Speedway claims Betty Wolford's claims fail as a matter of law as she has failed to establish that Speedway had actual or constructive knowledge of any substance in the parking lot prior to her fall.
Speedway also claims Wolford failed to establish that it breached its duty of reasonable care, according to the Nov. 21 motion.
The defendant had no knowledge of any substance in the parking lot prior to Wolford's slip and fall, according to the motion.
Speedway claims there is no evidence that any Speedway employee knew of the existence of a substance in the parking lot prior to Wolford's slip and fall and there is no evidence that Speedway had actual or constructive knowledge of the presence of the substance in the parking lot.
On June 27, 2012, Wolford was at Speedway in Huntington when she slipped and fell, according to a complaint filed Nov. 12, 2013, in Cabell Circuit Court and removed to federal court on Dec. 23, 2013.
Wolford claimed she stepping up to the gas pump when her foot became lodged in a black tar-like substance, causing her to suddenly crash into the pavement.
Upon seeing Wolford's injury, a Speedway employee "exclaimed she was sorry for plaintiff's fall and that she had meant to clean the black tar-like substance up earlier," according to the suit.
Wolford claims prior to the incident, a witness overheard several Speedway employees discussing who was responsible for cleaning up the parking lot and the witness helped Wolford fill out an accident or incident report.
The defendant failed to maintain and inspect the Speedway it operated, which caused Wolford t0 sustain multiple injuries, according to the suit.
Wolford claims as a direct and proximate result of the incident, she continues to suffer from frequent headaches, face pain and leg pain.
Wolford is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Abraham J. Saad of Saad Law Office.
Speedway is represented by Robert L. Massie of Nelson Mullins Riley & Scarborough.
U.S. District Court for the Southern District of West Virginia case number: 3:13-cv-33046