Woman sues BB&T for injuries, but bank denies liability

By Kyla Asbury | Feb 21, 2019

FAYETTEVILLE — BB&T argues it is not at fault in a lawsuit filed against it by a customer who was injured in its Oak Hill branch last year.

In its answer to the complaint, BB&T argues that the plaintiff, Madelyn Hamilton, failed to state a claim for which relief could be granted, that the injuries Hamilton complained of were the result of her own negligence, that Hamilton did not exercise ordinary care for her own safety and could or should have avoided the consequences of the negligence she alleges in her complaint.

"Defendant denies that it is liable to plaintiff in any amount or that plaintiff is otherwise entitled to the recovery and/or the relief sought from defendant in plaintiff's complaint," the answer states.

Hamilton filed her lawsuit in November in Fayette Circuit Court, alleging that she was injured on May 3 at BB&T in Oak Hill.

Hamilton claims she was a customer at the bank that day when she slipped and fell on the property due to debris, including concrete and sand, that had accumulated on the property during the installation of an ATM.

BB&T owed its customers, invitees and guests a duty to maintain its premises in a clean, orderly and safe manner, the complaint states.

Hamilton claims BB&T negligently failed to exercise ordinary care in the maintenance of its property and negligently failed to meet the minimum standards of safety.

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

The plaintiff endured pain, suffering, mental anguish and emotional distress because of her injuries, according to the suit.

Hamilton is seeking judgment against BB&T for her injuries. She is represented by Kevin B. Burgess and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard.

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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Fayette Circuit Court Hamilton, Burgess, Young & Pollard, PLLC

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