CHARLESTON — A couple is suing Shop-A-Minit Markets for injuries sustained in a parking lot in 2020.
Charles M. Proctor Sr. and Lou Ann Proctor claim on Nov. 24, 2020, Charles Proctor was severely injured in a parking lot owned by Dolla Tree Stores, which is owned by Shop-A-Minit, according to a complaint filed in Kanawha Circuit Court.
The parking lot was maintained by employees, servants and agents of the defendant, but the parking lot was not safely maintained, according to the suit.
The Proctors claim they were customers at the Dollar Tree store and were preparing to leave when the injury occurred.
Charles Proctor was attempted to unload purchased goods into his vehicle from a shopping cart in the dark when the cart began to roll away and he attempted to retrieve it, according to the suit.
The Proctors claim while he attempted to retrieve it carefully, he still tripped and fell because the parking lot was dark and he fell on his left shoulder, which caused severe injury and pain.
The defendant negligently owned and maintained the parking lot without due care for customers, according to the suit.
The Proctors claim the negligence of the defendant caused Charles Proctor to incur costly medical treatment and surgical procedures to his left shoulder.
"As a direct and proximate result of the negligence of the defendant, the plaintiff...has been caused to be severely injured and inasmuch as all or part of his injuries are permanent and lasting in nature, he has been and in the future will be caused to suffer great pain of body and mind and many limitations in use of his left shoulder and his body in general," the complaint states.
To date, the Proctors have incurred medical bills of more than $155,000, according to the suit.
The Proctors are seeking compensatory damages with pre- and post-judgment interest. They are represented by Matthew R. Massie and Larry L. Rowe of Larry L. Rowe Attorneys At Law in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-953
