Woman sues after tripping at Huntington's Ritter Park
Kelly Holleran Feb. 27, 2009, 4:00am
Ritter Park lies just south of downtown Huntington.
HUNTINGTON -– A Huntington woman who claims she was injured after she tripped and fell on uneven pavement surrounding a storm drain at Ritter Park has filed suit against Greater Huntington Parks and Recreations District.
Nathalena Baumgardner was visiting the park after dark on July 7, 2007, to witness an outdoor play when she fell on "an uneven, paved surface area surrounding a sunken storm drain," according to the complaint filed Jan. 7 in Cabell Circuit Court.
Because of her fall, Baumgardner was seriously and severely injured, was rendered sick, sore, lame and disabled and suffered great pain and anguish of the body and mind, the suit states.
In addition, the injuries caused an aggravation of a previously existing defect and caused Baumgardner to incur medical bills and a loss of earnings and her earning capacity, she claims.
Greater Huntington Parks and Recreations District failed to warn Baumgardner of the pavement and failed to provide adequate lighting for visitors leaving an outdoor performance so they could recognize the hazard, according to the complaint.
It breached its duty to maintain Ritter Park in a safe condition and to provide sufficient notice and reasonable warning of dangerous conditions, the suit states.
Baumgardner is seeking a judgment in excess of the jurisdictional limits of Cabell Circuit Court, plus costs and interest.
R. Matthew Vital and Matthew R. Oliver of Vital and Vital in Huntington will be representing her.
Cabell Circuit Court case number: 09-C-0017