Customer sues Tractor Supply after being injured by falling gun

By Philip Gonzales | Jan 28, 2019

PRINCETON — A customer is suing a store and one of its employee, citing alleged negligence.

Marty Atwell filed a complaint in Mercer Circuit Court against Tractor Supply Company and Mary Morgan, alleging that Tractor Supply is liable for Morgan's acts and omission.

According to the complaint, Atwell alleges that on Feb. 24, 2017, he and his father were at the defendants' store to purchase a Winchester TS-15-11 gun safe. While helping to load the gun safe, it toppled over and onto his lower extremity. He suffered injuries resulting in medical expenses, pain and suffering, annoyance and inconvenience. 

The plaintiff holds Tractor Supply Company and Mary Morgan responsible because Morgan allegedly negligently attempted to load the gun safe into the back of the truck by failing to ensure that the safe would be placed in the bed safely.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, with interest, costs, attorney's fees and such other just and appropriate relief. He is represented by Robert D. Cline Jr., Brian E. Bigelow and Benjamin N. Hatfield of Farmer, Cline & Campbell PLLC in Beckley.

Mercer Circuit Court Case number 18-C-337

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Farmer, Cline & Campbell, PLLC Mercer Circuit Court

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