West Virginia Record

Tuesday, August 20, 2019

Aldi denies allegations in slip and fall litigation

Federal Court

By Kyla Asbury | Jul 17, 2019


HUNTINGTON — Aldi filed an answer denying all allegations against it in a lawsuit against it alleging a woman slipped and fell in one of its stores.

"This Defendant denies that it was guilty of any act or omission proximately causing or contributing to the injury complained of in the Complaint," the answer states. "This Defendant expressly denies that it breached any duty owed to the Plaintiff."

Aldi claims the damages complained of by the Plaintiff were the result of an intervening and/or superseding cause and/or the plaintiff’s own acts or omissions.

"This Defendant denies that the Plaintiff is entitled to judgment against it, and further denies that Plaintiff is entitled to recover pre-judgment interest,post-judgment interest, attorney’s fees, costs, litigation expenses, or emotional or mental distress associated with this litigation," the answer states.

Aldi also asserts the defense of the statute of limitations as well as insufficient and improper service of process so as to assert the same should they prove applicable through the course of discovery in this matter.

Joyce L. Martin originally filed her complaint against Aldi Inc. in Cabell Circuit Court, but it was removed to U.S. District Court for the Southern District of West Virginia.

According to the complaint, the plaintiff was at the Aldi in Huntington when she was caused to slip and fall on a slick substance on the floor near the checkout ara. Martin says the substance was allegedly left due to the negligence of the employees and management of Aldi.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. She is represented by C. Edward Amos II and Scott Segal of The Segal Law Firm in Charleston.

The defendant is accused of negligence. 

The defendant is represented by Scott Kaminski of Kaminski Law in Charleston.

U.S. District Court for the Southern District of West Virginia Case number: 3:19-cv-00027

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