MARTINSBURG — A Charles Town couple is suing Dollar General, alleging negligence and intentional alteration or destruction of evidence.
Wanda C. Aitcheson and Robert D. Aitcheson filed a complaint in U.S. District Court for the Northern District of West Virginia Martinsburg Division against Dolgencorp LLC, doing business as Dollar General, alleging failure to provide a safe premise for its customers and failure to produce the proper video as ordered by Jefferson Circuit Court.
According to the complaint, on Oct. 24, 2016, Wanda C. Aitcheson tripped and fell over a ladder lying on the floor near the entrance area of the Dollar General store in Charles Town. The suit says Robert Aitcheson was promised to be given a copy of the security system's video but no copy was given; in January 2017, Jefferson Circuit Court ordered the defendant to submit the video.
The Aitchesons allege the short video provided to them March 21, 2018, by Dollar General after the court order may be inauthentic/altered/manipulated.
The plaintiffs allege Dollar General had a duty to maintain the safety of the premises. Furthermore, the suit says, Dollar General knew that the video is significant for the plaintiffs to prove their claims and the defendant intentionally destroyed the evidence.
The Aitchesons seek trial by jury, compensatory and punitive damages, pre-judgment and post-judgment interests, attorney fees and costs. They are represented by attorneys James B. Lees Jr. of Hunt & Lees LC in Charleston and by F. Samuel Byrer of Law Office of F. Samuel Byrer PLLC in Charles Town.
U.S. District Court for the Northern District of West Virginia Martinsburg Division case number 3:18-cv-00174-GMG