Not-so-automatic cash


Doris Knight Fultz blames Food Lion after tripping on the bars beside this ATM machine, but the grocery store won the first legal round.

Plaintiff: Doris Knight Fultz

Defendant: Food Lion and Nationwide Money Services

Court: Albemarle County Circuit

What’s at issue: Whether a Food Lion in Roanoke and the ATM company are responsible for two metal rods that protruded from either side of the front of the store’s cash machine. While reaching for her wandering grandson, Fultz, an Albemarle resident, tripped over one of the rods and “broke every bone in her elbow.” The initial complaint was filed in January 2006.

What’s at stake: $750,000. Plaintiff claims all the usual tortious elements, including physical pain, lost earnings, and an inability to “enjoy the normal activities of life.”

What’s the status: On appeal by Fultz, as the original court ruled in Food Lion’s favor and granted summary judgment.