Dollar General removes falling jars case to federal court

By From staff reports | Mar 19, 2018

BECKLEY – A woman is suing Dollar General after she claims she was injured with glass jars fell from a shelf onto her.

On Sept. 11, 2016, Virginia Lafferty was a business invitee at the Dollar General in Oceana when she was injured due to several boxes of glass jars falling off a top shelf onto her, according to a complaint filed Feb. 9 in Wyoming Circuit Court and removed to federal court on March 1.

Lafferty claims the defendant was negligent in that it breached its duty owed to business invitees by failing to inspect the premises for unsafe conditions and by failing to make safe known unsafe conditions.

Dollar General failed to secure the boxes from falling onto patrons of the store and failed to provide warning of the danger, thereby exposing Lafferty to danger, according to the suit.

Lafferty claims the defendant’s safety and/or hazardous condition procedures are/were faulty and failed to comply with that of “a reasonably prudent person standard.”

Lafferty is seeking compensatory and punitive damages. She is being represented by Timothy P. Lupardus of Lupardus Law Office.

Dollar General is represented by Rita Massie Biser and Tonya P. Shuler of Moore & Biser.

U.S. District Court for the Southern District of West Virginia case number: 5:18-cv-00381

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