HUNTINGTON – A woman is suing Dollar General after she claims she was injured when she fell in its Buffalo location.
On Aug. 8, 2014, Diane Ruby Dotson walked through an aisle that had boxes scattered on the floor that contained merchandise that was presumably waiting to be stocked, according to a complaint filed Sept. 15 in Putnam Circuit Court and removed to federal court on Oct. 7.
Dotson claims as she walked down the aisle, she tripped on one of the boxes and fell on her hands to catch herself from the fall.
After Dotson fell, she asked for the manager to report the incident and the manager specified that the incident would be reported, according to the suit.
Dotson claims she immediately went to the emergency room at Holzer Medical Center, where she discovered that she had fractured her wrist during the accident.
On Aug. 11, 2014, she met with an orthopedic surgeon who diagnosed her with a distal radius fracture in her right wrist and advised her that she likely needed surgery and two days later, her wrist was placed in a cast to wear for the next month, according to the suit.
Dotson claims after the cast was removed, it was discovered that the wrist did not heal at all and she was scheduled for surgery to occur Sept. 15, 2014.
The defendant was negligent and breached its duty of reasonable care by failing to insure the safety of its premises, according to the suit.
Dotson is seeking compensatory damages with pre- and post-judgment interest. She is being represented by David M. Adkins of the Adkins Law Firm PLLC.
The case is assigned to District Judge Robert C. Chambers.
U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-13754