SHEPERDSTOWN –- A Berkeley County woman claims she fell and broke her arm while dancing in a Statue of Liberty costume that was too big for her.

Sandra Montgomery claims Liberty Tax Service hired her on Jan. 23, 2007, to wear the costume and stand outside its Jefferson County office.

However, because Montgomery is short and "clearly smaller than the average adult female," the costume was too big, according to the complaint filed Jan. 12 in Jefferson Circuit Court.

In addition, the area where Montgomery was asked to stand was not clear, the suit states.

Because of the combined large costume and the unclear area, Montgomery claims she fell and broke her arm.

Because of her fall, Montgomery has incurred medical expenses and sustained physical pain and suffering, according to the complaint.

She is seeking unspecified compensatory and punitive damages, plus costs, pre- and post-judgment interest and other relief that the court deems proper.

Christopher J. Prezioso of Luttrell and Prezioso in Martinsburg will be representing her.

Jefferson District Court case number: 09-C-10

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