CHARLESTON – An elderly man who was shoved out the front door of a St. Albans Family Dollar by an employee after mistakenly thinking it was still open is seeking damages for his personal injuries.
Ester Nellum filed a complaint in Kanawha Circuit Court against Family Dollar Stores of West Virginia Inc. and James Green alleging negligence, battery and premises liability.
Nellum, who was 77 at the time, claims he walked through the unlocked front door of the Family Dollar in St. Albans on Jan. 10, 2019, at 9:10 p.m. thinking the store was still open. He alleges that Green demanded he leave the store and after escorting him to the front door, shoved him from the back and caused him to fall to the ground. Green claims he suffered a gash on his eye, injury to his shoulder and other injuries. Green pleaded guilty to criminal battery on Jan. 9, the suit states.
Nellum seeks compensatory and punitive damages, interest, trial by jury and all other appropriate relief. He is represented by J. Timothy DiPiero and Lonnie Simmons of DiPiero Simmons McGinley & Bastress PLLC in Charleston.
The case has been assigned to Circuit Judge Tod Kaufman.
Kanawha Circuit Court case number 20-C-26