Husband and wife sue store operator and landowner

By Philip Gonzales | Jun 29, 2016

PRINCETON — A married couple's lawsuit against Family Dollar Stores of West Virginia and Bobby Franklin, a store operator and landowner, alleges negligence and insufficient measures taken to prevent injuries.

PRINCETON — A married couple's lawsuit against Family Dollar Stores of West Virginia and Bobby Franklin, a store operator and landowner, alleges negligence and insufficient measures taken to prevent injuries.

Kelly Eller and Robert Michael Eller filed a complaint on June 9 in Mercer Circuit Court against the defendants, alleging that they failed to keep their area in a reasonably safe condition.

According to the complaint, the plaintiffs allege that, on June 9, 2014, plaintiff Kelly Eller was an invitee and shopper at the defendants' facility in Bluewell. As she was pushing a cart over the curb in front of the store, the curb crumbled under her foot, causing her to lose her balance and fall forward onto the curb and sidewalk, the suit says. She suffered injuries, including but not limited to cuts, bruises to her right foot, leg and knee, hip, left elbow and face. The plaintiffs hold Family Dollar Stores of West Virginia and Bobby Franklin responsible because the defendants allegedly failed to provide safe access, curb, sidewalk and parking facilities, particularly for handicapped invitees.

The plaintiffs request a trial by jury and seek judgment against the defendants for injuries suffered, costs of treatment, special damages, interest and for such other damages as may be granted by the court. They are represented by John W. Feuchtenberger of Feuchtenberger & Barringer Legal Corporation in Princeton.

Mercer Circuit Court Case number 16-C-191-WS

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