BLUEFIELD —Tractor Supply Co. denied allegations against it in a case alleging one of its employees dropped a safe that fell on a Mercer County man.
Tractor Supply argued that the complaint failed to state a claim and was insufficient.
"For a separate and distinct defense, defendants state that the damages about which plaintiff complains were proximately caused or contributed to by supervening or intervening causes other than an act or omission on the part of defendants," the answer states.
Tractor Supply argues that if the plaintiff sustained the damages about which he complains, all of which are specifically denied, said injuries and damages were proximately caused or substantially contributed to by reason of negligence on the part of the plaintiff, or by reason of negligence by others and not be Tractor Supply's negligence.
"Defendants denies they are liable, obligated, or indebted unto plaintiff, for any sum or sums, as prayed for in plaintiff’s complaint, or otherwise, upon any basis in law or in fact," the answer states.
Tractor Supply denied "each and every" allegation raised in the complaint, according to the answer.
Marty Atwell filed a complaint in Mercer Circuit Court against Tractor Supply Co. and Mary Morgan. It later was removed to federal court. Atwell is seeking damages for an incident that took place on Feb. 24, 2017, when the plaintiff was at Tractor Supply purchasing a gun safe. Morgan allegedly drove a forklift toward the plaintiff's truck and dropped the safe negligently, causing it to fall on the plaintiff's lower extremities.
Atwell is seeking all reasonable sums due, attorney's fees and court costs. The plaintiff is represented by Brian Bigelow of Farmer, Cline & Campbell in Beckley.
Tractor Supply Co. is represented by Arden Cogar Jr. and E. Taylor George of MacCorkle Lavender in Charleston.
U.S. District Court for the Southern District of West Virginia case number 1:19-CV-00105