By Kyla Asbury | Jan 23, 2019

FAYETTEVILLE — A woman is suing BB&T Corporation after she claims she was injured while on the property and the bank denies the allegations in the complaint.

Madelyn Hamilton was a customer at BB&T in Oak Hill on May 3 when she slipped and fell and was injured, according to a complaint filed in Fayette Circuit Court.

Hamilton claims debris, which included concrete and sand, had accumulated during the installation of an ATM and the bank failed to maintain the property and meet the minimum standards of safety.

BB&T knew or should have known that the debris was not safe and should have been dealt with because it constituted a dangerous condition and an unreasonable risk of harm.

Hamilton claims she suffered significant injuries and incurred medical bills in excess of $9,000 for the injuries.

The plaintiff also endured pain, suffering, mental anguish and emotional distress, according to the suit.

Hamilton claims the defendant's conduct also caused her to suffer a diminished capacity to enjoy life.

Hamilton is seeking compensatory damages. She is represented by Kevin B. Burgess and Steven R. Broadwater Jr. of Hamilton, Burgess, Young and Pollard.

In its answer, BB&T said Hamilton failed to state a claim upon which relief could be granted.

"Defendant assert[s] the defenses of statute of limitations, comparative negligence, contributory negligence, assumption of the risk, failure to mitigate damages, estoppel, laches, and hereby preserves each and every defense set forth in Rules 8, 9 and 12 of the West Virginia Rules of Civil Procedure..." the answer states.

BB&T argues Hamilton's injuries were not caused by the bank's actions and instead were caused by persons outside of the bank's control.

"If Defendant was negligent, and the Defendant expressly denies that it was negligent in any respect...[Hamilton], in exercise of ordinary care for her own safety, could and should have avoided the consequences of any such negligence on the part of Defendant, as the alleged unsafe conditions were open and obvious to Plaintiff," the answer states.

BB&T denies all allegations in the complaint.

BB&T is represented by Mark W. Browning of the Law Offices of Chanin W. Krivonyak.

Fayette Circuit Court Case number: 18-C-193

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