CHARLESTON — Dollar General has denied allegations of negligence in a lawsuit arguing that a woman was injured when she slipped and fell in the defendant's store in Mingo County.
Dollar General argued that the actions by Verna Marie McCallister, the plaintiff, contributed to her injuries.
"Any and all damages, if any, sustained or to be sustained, by the plaintiff, were proximately caused, in whole or in at least major part by the plaintiff. Wherefore, any recovery obtained by the plaintiff should be reduced or barred according to the doctrine of comparative fault," the defendant stated.
Dollar General contends that it was not negligent, nor did it breach any duty to plaintiff, according to the answer.
The company wants the lawsuit to be dismissed with prejudice and for the plaintiff to pay court costs.
McCallister was at the Dollar General in Williamson on Aug. 27, 2017. She says she slipped in a puddle of water that had accumulated in the floor due to a 24-pack of water that had busted, according to a complaint initially filed in Mingo Circuit Court against Dolgencorp LLC, doing business as Dollar General.
The lawsuit was removed to U.S. District Court for the Southern District of West Virginia.
The plaintiff alleges she was severely injured and required an ambulance ride to Tug Valley Appalachian Regional Hospital for her injuries. McCallister says she suffered a right knee injury that required surgery, as well as contusions, a right leg injury, a right ankle injury and an abrasion over the patella due to the defendant's negligence.
McCallister seeks compensatory damages. She is represented by attorneys A.J. Ryan of Ryan & Ryan of Williamson in Charleston, and by Guy R. Bucci and Ashley N. Lynch of Hendrickson and Long, also of Charleston.
Dollar General is represented by attorneys Rita Massie Biser and Lynnette Simon Marshall of Moore & Biser in South Charleston.
U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00588