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Posted September 6, 2012 | comments 4 Comments

Toms Brook truck stop sued for fuel spill slip

By Sally Voth -- svoth@nvdaily.com

A Toms Brook truck stop is being sued for $1 million in U.S. District Court by a man who says he slipped in a fuel spill.

Richard Walker's lawsuit against Love's Travel Stops & Country Stores Inc. was transferred to federal court from Shenandoah County Circuit Court this week, according to online court records.

A notice for removal states Walker - whose age and address don't appear in court filings - first filed his suit in state court last summer, had it nonsuited and then refiled again in Shenandoah County Circuit Court last month.

The motion, which was filed by Love's, asks for the case to be moved to U.S. District Court because the parties are from differing states, with Walker in Virginia and Love's based in Oklahoma.

According to Walker's complaint, he was at the truck stop at 1015 Mt. Olive Road, Toms Brook, on March 15, 2008, when he "slipped on diesel fuel and fell to the ground injuring his body."

The complaint states Love's was negligent in various ways, including failing to clean up the spill, failing to warn customers about the spill and not keeping pump hoses in a manner to avoid leaks and spills.

The fall left Walker with serious and permanent injuries which still leave him in pain, and with medical bills, according to the complaint, which doesn't specify what those injuries are.

In a response originally filed in Shenandoah County Circuit Court, Love's attorney Matthew D. Green of Richmond asks for the suit to be dismissed and for Walker to pay its costs.

The response states Walker's fall was caused by the actions of those over who Love's had no control, that Walker was "contributorily negligent" and "failed to mitigate his damages."

"Plaintiff was not injured to the extent alleged, if at all," the response states.

4 Comments | Leave a comment

    Here we go again, Mr. Sue Happy at work. People need to use their own God given senses and be responsible for themselves. There is always a chance of getting hurt somewhere. I just don't buy into granting judgements for stupidity on the persons fault that fell. Tough break man, start using your eyes for once.

    damn. I hope no one slips on banana pills near my compost pile.....LOL.

    I am sick and tired of all the greed.
    What is he blind and cant see where he is walking.
    Why doesn't he sue the guy before him that filled his car and spilled the fuel?
    What does Loves need to do hire a fuel pump monitor to watch each person that pumps fuel?
    The bottom line is that the buck ends up getting passed on to the consumer and we end up paying more for everything because of people like that.
    Just look at what happened to the health care system and the soaring medical costs because of malpractice suits. Who ends up paying for that? Not the Doctors because they just raise their fees and we pay.

    Has anyone ever slipped on liquid Polymer? It is wickedly slick.


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