MARTINSBURG - A North Carolina man who worked as independent contractor for a realty company is blaming the company for his slip and fall.

Timothy Soper filed his lawsuit Dec. 12 in Berkeley Circuit Court against Keller Williams Rice Realty of Martinsburg.

On Dec. 16, 2004, he says he was headed for the bathroom in the company's office when tragedy struck.

"As Mr. Soper entered the men's restroom, he slipped and fell backward, breaking his kneecap in two places," the complaint says. "Upon information and belief, the bathroom floor was wet as it had just been cleaned and mopped by the janitor, which created a dangerous and hazardous condition."

It adds that no signs were displayed indicating the wetness of the floor.

"Defendant owed a duty to Plaintiff Timothy Soper to insure that its employees, including the janitorial staff, performed their duties with reasonable care for the well-being of all employees and/or invitees to the property," the complaint says.

Soper charges the defendant with negligence, and wife Theresa makes a claim for loss of consortium.

Timothy Soper seeks compensation for medical expenses, lost wages, permanent disability damages, pain and suffering, aggravation and inconvenience.

Shepherdstown attorney Christopher Strocch of Arnold, Cesare and Bailey is representing the plaintiffs.

Judge Christopher Wilkes has been assigned the case.

Berkeley Circuit Court case number 06-C-918

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