NVDAILY.COM | Local News
Posted September 6, 2012 | 4 Comments
Toms Brook truck stop sued for fuel spill slip
By Sally Voth -- firstname.lastname@example.org
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.