Family sues after father slips and falls in shopping plaza

By Noddy A. Fernandez | Jan 25, 2019

NEW CUMBERLAND — A family is suing a shopping center, citing alleged negligence.

Douglas Jackson, Patrick Bennett, and Oliver Jackson and Olivia Jackson, infants, by and through Douglas Jackson filed a complaint in Hancock Circuit Court against Weirton Shopping Plaza, Inc. for alleged violation of building codes and industry standards by allowing a tripping hazard in the parking lot of the premises.

According to the complaint, on Oct. 19, 2018, Douglas Jackson, while walking in the parking lot in a careful and prudent fashion, tripped and fell in a drainage ditch in the parking lot owned by the defendant. Further, Douglas Jackson claims, the drainage ditch was not open, obvious or reasonably apparent to him, with lack of lighting and warning signs. 

As a result, Douglas Jackson claims, he sustained physical injuries and has been unable to perform his duties as a spouse to Patrick Bennett and father to their infant children, Oliver and Olivia Jackson. 

The plaintiffs hold Weirton Shopping Plaza, Inc. responsible because it allegedly failed to properly warn of the drainage ditch in the parking lot, failed to provide proper lighting in the area of the parking lot surrounding the drainage ditch and failed to remedy a dangerous situation in the area of the fall.

The plaintiffs request a trial by jury and seek judgment for compensatory and punitive damages, pre- and post-judgment interest, costs and such other relief as the Court deems appropriate. They are represented by James J. Sellitt of Sellitto, Nogay & McCune, PLLC and Vincent Guerrera of Guerrera Law Offices PLLC, both in Weirton.

Hancock Circuit Court Case number 18-C-107

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Hancock Circuit Court Sellitti, Nogay and McCune PLLC

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