A trip to the local convenience store is apparently a dangerous endeavor. Both CVS and Family Dollar are being sued in Charlottesville Circuit Court. It’s alleged that their negligence caused customers to fall, with costly results.
First, Marilyn Jean Welch is suing the Standard Drug Company (a.k.a. CVS). On March 4, 2005, Welch slipped on a patch of ice that had formed in front of the CVS on the Downtown Mall. She is asking for $250,000 plus court fees on the grounds that CVS failed to maintain the entranceway of their store.
Slip sliding away: A local woman is suing CVS for $250,000 after she slipped on ice in March 2005 outside the company’s Downtown store.
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According to Welch’s complaint, neglected gutters allowed water to drip from an overhang above the CVS entrance—water that froze and that CVS employees then allegedly failed to clean up or provide warning of to customers. Furthermore, according to Welch, the façade of the building has a, well, façade of being under cover and thus seems to be protected from the elements. Welch asserts that she has suffered great pain, mental anguish, permanent disability and inconvenience, which continues to this day.
In its response, CVS counters that it is without sufficient knowledge to know if water was indeed dripping onto the entranceway, but suggests that it was "reasonably apparent to a pedestrian entering or leaving the CVS store that the ‘wet’ area in the entranceway was icy." CVS’s stance is that any injuries, losses or damages that Welch incurred are a result of her own negligence.
Family Dollar is facing parallel allegations put forth by Kimberly D. Crowder. Crowder asserts that on May 17, 2005, she was shopping at Family Dollar, located at 1135 Fifth St. SW, and fell on a clear, slippery substance that was located on the floor of a store aisle.
Similar to the CVS case, Crowder’s grounds for suit are that Family Dollar failed to keep the place of business free of hazards or warn customers of any danger. Crowder asserts that she has sustained permanent injuries that have caused a loss of earning capacity and quality of life. For this, Crowder is asking for compensatory damages of $300,000 and all court costs. Like CVS, Family Dollar contends that any damages are a result of Crowder’s own negligence. However, much to our chagrin, neither party identifies the clear, slippery substance.
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