Lawsuit Filed Against Kroger and Cleaning Company Over Slip and Fall Incident in Blacksburg Store
Written by: Sam Orlando
Blacksburg, VA - Loretta Wilburn has filed a civil lawsuit in the Circuit Court for Montgomery County against Kroger Limited Partnership I and Southern Cleaning Service, Inc., alleging negligence which led to a slip and fall accident. The lawsuit was recently removed, or transferred, to the US District Court for the Western District of Virginia, on Kroger's motion.
According to the lawsuit, on October 14, 2021, at approximately 6:15 a.m., Wilburn was shopping at the Kroger store located at 903 University City Boulevard in Blacksburg when she slipped on a liquid substance and fell, resulting in what she describes as "serious and permanent injuries."
The suit claims that Kroger and Southern Cleaning Service, the company responsible for janitorial duties in the store, had a duty to maintain the store in a safe condition. The suit further alleges that the defendants failed to remove or warn of the dangerous liquid substance on the floor. As a result of the alleged negligence, Wilburn is seeking compensatory damages of $950,000, plus pre-judgment interest and costs.
Kroger, in its response to the lawsuit, admits to owning the store and having contracted with Southern Cleaning Service for floor maintenance. However, the grocery giant denies the specifics of the incident as presented by Wilburn. The company also raises several defenses, including that the condition might have been open and obvious to the plaintiff and that it might not have been an "unsafe condition" under Virginia law. They also suggest the possibility that Wilburn's injuries might have been the result of her own negligence or caused by third parties.
The case underscores the complexities of slip and fall cases, where the responsibilities of business owners and maintenance providers intersect with the rights of customers to have a safe shopping environment. With the trial by jury demanded by both parties, it will be up to a jury to decide the outcome of this case.
Loretta Wilburn is represented by the law firm Potter Mariano & Jennings, while Kroger Limited Partnership I has engaged the services of Glenn Robinson Cathey Memmer & Skaff PLC for its defense. As the case progresses, the public and other stakeholders will be keenly watching for further developments. Stay tuned to Breaking Through News for updates on this case.