Speedway has injury case moved to federal court

By Kelly Holleran | Apr 15, 2009

CHARLESTON – Speedway has moved to federal court a lawsuit in which a woman is seeking $500,000 for serious injuries she says she sustained after she fell at a Chapmanville convenience store.

Aracoma Justice claims she was at Speedway on April 12, 2007, when she slipped and fell because of an "improperly maintained area."

Justice filed suit seeking unspecified damages from Speedway in Logan Circuit Court on Nov. 14.

Later, her lawyer, Michael L. Glasser of Meyer, Ford and Glasser in Charleston, requested a settlement of $500,000 on Justice's behalf.

In a letter to Speedway's lawyer, Todd R. Meadows of Huddleston Bolen in Huntington, Glasser said Justice incurred an acute right humerus fracture and was taken to Logan Regional Medical Center because of the incident. Later, she was transferred to Charleston Area Medical Center where she was seen by an orthopedist.

According to Glasser's letter, Justice underwent a complete right shoulder hemiarthoroplasty on June 8, 2007, and participated in physical therapy for one year.

However, Justice did not recover enough strength to return to her position as a Boone County bus driver, where she made $27,000 per year, Glasser wrote.

She also is extremely limited in her ability to perform household duties because she cannot move her right arm more than a few feet; therefore, she relies on her son and daughter for help, according to court documents.

Speedway filed an answer to the complaint in Logan Circuit Court in which it denies it was negligent.

"At the time and on the occasion set forth in the Complaint, Plaintiff was negligent in failing to exercise the requisite degree of care for her own safety and in other respects, which negligence or contributory negligence was a substantial factor in causing any injuries or damages she may have received, requiring a reduction of any sum to which Plaintiff might have been entitled but for her own negligence," the answer states.

Speedway requested the complaint be dismissed and that the court award it attorney's fees and other relief it deems just.

After discovering that Justice was seeking a settlement of $500,000, Speedway removed the complaint to federal court because Justice is seeking more than $75,000 and because the two are citizens of different states.

U.S. Federal Court case number: 2:09-0186

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