FAYETTEVILLE — A Lester man is suing The Cold Spot alleging he was injured while at the convenience store.
Jeffery Leonard was at The Cold Spot on July 24, 2020, when he fell in the parking lot after he tripped over a projecting wheel stop, according to a complaint filed in Fayette Circuit Court.
"The projection of the wheel stop was not painted or otherwise warned or signed with visual cues as to the presence of the projection (or that of the asphalt curb) in the designated walkway path of travel were present," the complaint states.
The walkway and wheel stop were paired after the plaintiff's fall, according to the suit.
Leonard claims the hazardous condition caused harm, including injury, and also violated the Americans with Disabilities Act by having hazards that impeded the walkway, according to the suit.
"The ADA requires trip hazards to be removed from any public or commercial walkways, as is practicable," the complaint states. "Floor markings and other visual cues may also be used to inform people of an ADA trip hazard when removal is not practicable."
Leonard claims because the wheel stop projected into the walkway path of travel, it created a hazardous and dangerous condition.
The defendant's actions were negligent and a breach of duty, according to the suit.
Leonard claims the Cold Spot failed to reasonably construct a walkway so as to be in compliance with accepted standards for safe walkways. He claims the injuries he sustained were because of the defendant's actions.
Leonard claims after his injuries, he lost his leg and endured pain and suffering.
Leonard is seeking compensatory damages. He is represented by Greg A. Hewitt and Anthony M. Salvatore of Hewitt & Salvatore in Fayetteville.
The case is assigned to Circuit Judge Thomas Ewing
Fayette Circuit Court case number: 21-C-118
