MOUNDSVILLE — A McMechen woman is suing Big Lots for injuries she sustained while on its property.
Big Lots Management LLC, Big Lots Stores - PNS LLC and Big Lots Stores LLC were all named as defendants in the suit.
Dolores Cottrell was at a Big Lots store in Moundsville on Dec. 13, 2021, as a customer when she fell because of an unmaintained and unsafe aisle or walkway, according to a complaint filed in Marshall Circuit Court.
Cottrell claims she fell with great force and sustained serious injuries in the fall.
Big Lots had a duty to exercise reasonable care for Cottrell's safety, according to the suit.
Cottrell claims Big Lots had a duty to inspect, monitor, make safe, remedy, repair, manage, operation and maintain the premises and failed to do so.
"The acts and/or omissions of Defendant Big Lots employees, agents and/or independent contractors were within the active course and scope of their duties and employment and/or relationship with Defendant Big Lots," the complaint states.
Cottrell claims the defendants knew or should have known about the unsafe condition in the walkway and failed to anticipate that the harm it would cause a patron.
Despite having actual and/or constructive knowledge and notice of the unsafe and/or dangerous condition, Big Lots carelessly breached its duty of care to Cottrell and were negligent, according to the suit.
Cottrell claims the defendants violated industry standards to protect floor walkway surfaces from the accumulation of any water or other liquid substances and violated Big Lots' own policies and procedures.
Cottrell claims she suffered injuries to her head, neck, back, extremities and other body parts. She claims she suffered from both physical and mental injuries due to the incident.
Cottrell is seeking compensatory damages with pre- and post-judgment interest. She is represented by Ronald W. Zavolta, Paul J. Ratcliffe and Michael P. Zavolta of Zavolta Law Firm in Wheeling.
The case is assigned to Circuit Judge Jeffrey Cramer.
Marshall Circuit Court case number: 23-C-25
