Elkview woman awarded $7,500 in personal suit against WVU Tech

CHARLESTON - An Elkview woman's personal injury suit against WVU Tech has been settled.

The case of Marilyn L. Kinser, et. al. vs. WVU Tech was slated for trial next month in Kanawha Circuit Court. However, Judge Duke Bloom dismissed the case on Nov. 5 after the parties agreed to a settlement.

According to the state Board of Risk and Insurance Management, Kinser was awarded $7,500. In her original complaint filed last December, Kinser, 49, asked that she be compensated an amount up to the limits of the state's insurance coverage which is $1 million.

Also, records show BRIM paid Kelly Morgan and David L. Schumacher with the Charleston law firm of Bailey and Wyant $8,828.32 to defend Tech in the suit. Additionally, Charleston attorney Bruce Freeman was paid the $900 for the work he performed as a special commissioner for discovery in the case.

In March, Bloom appointed Freeman as a discovery commissioner following motion made by Kinser's attorney Shawn Romano to quash a subpoena Morgan and Schumacher served on Charleston Area Medical Center for her life's medical history. Acting on Freeman's recommendation, Bloom in May ordered that following a release signed by Kinser, CAMC, as well as Thomas Memorial Hospital and the Ortho Clinic, was to turn over her medical records back to 2006.

In her suit, Kinser alleged that she was injured from falling on a "sloping walkway" at Tech's campus in Montgomery. Her injuries were a result of "reasonably and prudently traveling upon said walkway, miss[ing] the aforementioned step, [and] falling to the ground."

In addition to mental anguish, and emotional distress, Kinser alleges she suffered a broken left foot, and injuries to her left ankle, shoulder and arm. Her husband, Gary II, made a claim for loss of consortium, and was listed as a co-plaintiff.

The alleged fall, records show, occurred on Feb. 20, 2008, while Kinser was accompanying her son, Patrick, on a tour of campus. He enrolled at Tech later in the Fall, and is currently a sophomore studying computer engineering.

The exact location on Tech's campus of the walkway never was fully disclosed. When contacted, Romano declined to say where it was.

Also, Romano declined further comment on the settlement except he was glad it happened.

"I'm pleased that the parties were able to reach a mutually agreeable settlement," Romano said.

Neither Morgan nor Schumacher were available for comment by presstime.

Kanawha Circuit Court, case number 08-C-3367