CHARLESTON -- A Marmet woman is suing Robin Land Company after she and her daughter were injured by a fallen tree that was owned by the company.
On March 7, 2009, Bridget A. McDonie and her daughter, Gabriel Cochran, were driving in McDonie's 2007 Mazda MX5 when a mature, rotten tree broke off at the stump and struck the top of the vehicle, according to a complaint filed Feb. 12 in Kanawha Circuit Court.
The defendant owns the land on which the tree was on, which consisted of "sloping mountainous terrain with numerous large trees," a number of which were dead or decaying, according to the suit.
McDonie claims as a result of the impact and damage to her vehicle, she was unable to exit the vehicle and had to be extricated one hour later by emergency personnel. Cochran was able to exit her side of the vehicle and had to wait and witness her mother's extrication, but "feared that her mother was in imminent danger for her life," according to the suit.
As a result of the defendant's actions, McDonie claims she experienced physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; and negligence infliction of emotional distress.
McDonie claims the defendant had a duty to exercise reasonable care to prevent an unreasonable risk of harm arising from the condition of the trees on the land.
McDonie is seeking damages in an amount yet to be determined. She is being represented by Lee Javins II and D. Blake Carter Jr. of Bucci, Bailey & Javins.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 10-C-271