WAYNE — A Kenova man is suing George Campbell Distributors and Walmart alleging he was injured while walking into a Walmart store and fell.
Patrick Dotson claims he injured his left shoulder and left knee when he fell and had to have two surgeries and treatment for injuries, according to two complaints filed in Wayne Circuit Court.
Dotson was employed by George Campbell Distributors and claims he regularly made delivered for this employer and its predecessors to Walmart and was familiar with the store layout, customs and practices regarding warnings and displays used to alert customers and others when cleaning activities or unsafe surfaces are present.
On Aug. 10, 2020, he arrived early and parked his delivery truck at the rear of the store and proceeded to walk through the storage area to arrange a display behind the cash registers, according to the suit. After that, he went to the potato chip aisle to remove products that were not sold over the weekend that he planned to replace before leaving.
Dotson claims while in that aisle, he overheard two workers operating a buffer to clean the floor talk about the machine being low on water. He claimed when he was finished removing the products, he went to the rear of the store and slipped on a clear substance on the floor.
The store manager told Dotson that it appeared the buffer was leaking water, according to the suit. Dotson was taken to the hospital by his wife after he left the store.
Dotson claims after the incident, he received a call from an adjuster with Claims Management who told him Walmart had accepted responsibility for the fall and would reimburse the workers' compensation carrier for medical treatment.
Dotson claims he filed for and received workers' compensation for the injuries and has had to remain off work. In July 2021, he was terminated from his employment and the workers' compensation carrier ceased paying temporary total disability benefits.
Dotson is seeking compensatory damages. He is represented by James D. McQueen Jr. of McQueen Davis; and Kenneth P. Hicks of Kenneth P. Hicks LC in Huntington.
Wayne Circuit Court case numbers: 22-C-12, 22-C-13