CHARLESTON – A man is suing Rolling Frito-Lay Sales and Speedway after he claims he was injured in the store.
On Dec. 23, 2014, Bradley Dugan was a customer in Speedway in Man and was attempting to exit the store when an employee of Rolling Frito Lay who was stocking shelves in the store and blocking the aisle that Dugan was in when trying to exit, according to a complaint originally filed in Logan Circuit Court and recently removed to federal court.
Dugan claims the Rolling Frito-Lay Sales employee was aware that he was attempting to exit the store by walking down the aisle and the employee made no effort to move the boxes to insure the plaintiff a safe path to walk down the aisle.
When the employee failed to move the obstruction from the aisle, the plaintiff attempted to step over a box, but he caught his foot on the box and fell, injuring himself, according to the suit.
Dugan claims the defendants were negligent and Speedway failed to supervise or control the activities of one of its vendors while the vendor was on its property.
Dugan is seeking compensatory damages. He is being represented by Donald C. Wandling of Wandling Law Office.
Rolling Frito Law Sales is represented by Stuart A. McMillan and Joshua A. Johnson of Bowles Rice.
Speedway is represented by Alexis B. Mattingly of Dinsmore & Shohl.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-02204