West Virginia Record

Friday, February 28, 2020

Dollar General seeks removal of customer's fall complaint to federal court

Federal Court

By Kyla Asbury | Jan 8, 2020

Dollargeneral

WHEELING – A lawsuit against Dollar General filed by a West Virginia man over alleged injuries from a fall was removed to federal court due to the diversity of citizenship.

Dollar General contended that the federal court has jurisdiction over the case because the plaintiff is a citizen of West Virginia and Dollar General's principal place of business is in Tennessee.

"There is complete diversity of citizenship in this action, and the amount in controversy is greater than $75,000, exclusive of interest and costs upon information and belief," the notice of removal states.

Because the plaintiff alleges damages such as great pain in mind and body; loss of enjoyment of life; loss of income; anxiety and depressing and permanent injuries that may require further medical treatment, the state court damages limit is exceeded, according to the notice

Dale Blaine McCartney initially filed the lawsuit in Hancock Circuit Court in October. He alleged that he was a customer at the store in New Cumberland on Nov. 14, 2017, when he fell on a broken section of the sidewalk as he was leaving the store.

McCartney claimed Dollar General failed to properly maintain and/or repair the section of the sidewalk.

Because of the defendant's alleged negligence in failing to properly keep up with maintaining the sidewalk in front of the store, McCartney's left knee was injured and he suffered permanent damage to his knee, according to the suit.

McCartney claims also suffered injuries to his leg, including abrasions and contusions. He claims he incurred medical expenses that exceeded more than $100,000.

The plaintiff alleges he suffered permanent damages and great pain in mind and body, a loss of enjoyment of life, loss of income and anxiety and depression due to the fall.

McCartney is seeking compensatory damages. He is represented by Lawrence L. Manypenny. 

Dollar General is represented by Duane J. Ruggier and Evan S. Olds of Pullin, Fowler, Flanagan, Brown & Poe.

U.S. District Court for the Northern District of West Virginia case number 5:19-cv-00329

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U.S. District Court for the Northern District of West Virginia Wheeling Division

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