KANSAS CITY, Mo. — The widow of a man killed in the partial roof collapse at a Midtown Kansas City, Missouri, Family Dollar store filed a wrongful death lawsuit in Jackson County Court.
Vicki Banks' lawsuit names Arthur Fels Company, the property owner, and Family Dollar Stores of Missouri, LLC and Family Dollar, Inc.
Among the allegations included in the lawsuit, which was filed Monday, are "defendants had a duty to maintain the Store and its structural integrity, including the roof, in a reasonably safe manner."
Larry Banks, 69, died July 27 when part of the roof collapsed and Banks was trapped in the rubble.
One woman suffered critical injuries and is also suing the companies named in the Bank's lawsuit.
The lawsuit filed by Vicki Banks states "Defendants had a duty to warn invitees, including Plaintiff, of any hazardous, dangerous, or deceptive conditions that Defendants knew or
should have discovered with ordinary or reasonable care due to the corner of the roof visibly sagging for at least 2 days before the collapse, being informed by at least one member of the general public, and complaints made
by at least one store employee to the ‘landlords’ for at least a week prior to the collapse."
In addition, the lawsuit also states that the defendants were told on the day of Larry Banks' death that the roof of the store looked like it was going to fall.
The Occupational Safety and Health Administration is investigating the collapse.
They have at least six months to complete their investigation.
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