Widow sues after fatal KC Family Dollar roof collapse, citing ignored warnings
The widow of the man killed in the partial collapse of a Kansas City Family Dollar store last week has sued the company and the building’s owner for wrongful death, according to court documents.
Vicki Banks filed the lawsuit Monday in Jackson County Circuit Court on behalf of her husband, alleging the store and the building’s owner were negligent in his death because they knew or should have known the building was unsafe but didn’t take action to ensure its structural integrity.
Neighbors had told The Star that Larry Banks lived alone. Banks’ attorney did not return messages seeking clarification about whether the two were still married at the time of his death.
The front facade of the store at 3736 Broadway Blvd. collapsed in the early afternoon of July 27, killing 68-year-old Larry Banks and injuring three others.
Banks names as defendants the property owner, Arthur Fels Company, Family Dollar Stores of Missouri LLC, and its parent company, Family Dollar Inc.
The lawsuit echoes what The Star found in its reporting: that numerous people had been concerned about the building’s deteriorating state, and the store had been warned that a corner of the roof had been sagging days before the collapse.
In October 2016, a driver heading south on Broadway Boulevard lost control near 37th Street and crashed into a column in front of the store, according to media reports at the time.
The crash appeared to have knocked down the column that was supporting the front corner of the building. Photos of the building over the years indicated the column was never replaced.
A review of city records by The Star did not show any construction permits issued for repairs to the building. Last week, the city confirmed that was the case.
A structural engineer told The Star that the failure to properly reinforce the entrance area of the Midtown store after the crash destroyed a key support column likely led to last week’s deadly collapse.
According to the lawsuit, Banks contends that the building had been dangerous for years, but its owner and Family Dollar did not fix it or warn customers of the hazardous conditions.
Banks contends that the defendants were warned several times by the public and by an employee that the roof was sagging and unsafe in the days leading up to the collapse.
The defendants also failed to inspect the store to determine the severity of “visibly apparent dangerous condition” and to repair the roof and the building’s structural integrity, according to the lawsuit.
The lawsuit also contends that the defendants made the conscious decision to keep the store open and not warn customers that the roof was unsafe.
Banks is seeking more than $25,000 in damages, including medical costs for her husband, pain and suffering, funeral expenses and the loss of companionship and support.
Last week, a woman who was seriously injured in the collapse filed a similar lawsuit against the defendants, claiming the store and the property owner were negligent and that their failure to properly maintain the building led to her injuries.
The heavy debris caused severe and permanent damage to her body, the lawsuit claims. Martin is seeking damages exceeding $25,000 for health care expenses, loss of enjoyment of life, permanent disability, pain and suffering.
Previous reporting by The Star’s Kendrick Calfee, Judy L. Thomas, Eric Adler and Noelle Alviz-Gransee contributed to this story.
