Whitmore v. The Kroger Corporation

Filing 16

MEMORANDUM OPINION & ORDER denying 5 Motion to Dismiss. Signed by Senior Judge Norman K. Moon on May 19, 2023. (Opinion and Order mailed to Pro Se Party via US Mail)(ca)


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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

EDWARD I. WHITMORE,

5/19/2023
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CASE NO. 6:23-cv-00004
Plaintiff,

v.

MEMORANDUM OPINION
& ORDER

THE KROGER CORPORATION,
Defendant.

JUDGE NORMAN K. MOON

Plaintiff Edward Whitmore, proceeding pro se, filed a complaint, alleging that Defendant
The Kroger Corporation’s agents or employees negligently caused a heavy pallet jack to run into
him while he was shopping at a Kroger store, causing him bodily injury. Dkt. 1-1 at 1. Defendant
The Kroger Co. filed a motion to dismiss Plaintiff’s complaint, arguing that Plaintiff is suing the
wrong party. Dkt. 5. It specifically claims that the Kroger store in question was operated by
Kroger Limited Partnership I and not operated by The Kroger Co. Id.
Taking all of Plaintiff’s allegations as true and drawing all reasonable inferences in his
favor, as the Court must at this stage of the litigation, Plaintiff has sufficiently alleged that The
Kroger Co. owned and operated the Kroger store where his alleged injury occurred. See Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007); Dkt. 1-1. Defendant attaches no exhibits to its
motion to discount these allegations. Additionally, in response to this Court’s Show Cause Order,
Dkt. 12, Plaintiff explained that he named The Kroger Co., in part, because the employee who
allegedly injured him said that he was employed by The Kroger Co. Dkt. 15.
Accordingly, Defendant’s motion to dismiss, is DENIED, Dkt. 5.
It is so ORDERED.
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The Clerk of Court is directed to mail this Order to Plaintiff and to send this Order to all
counsel of record.
19th day of May, 2023.
Entered this ___

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