Woman sues after being shot at Oakwood Terrace
Kyla Asbury Sep. 4, 2012, 9:46am
CHARLESTON -- A woman is suing Kanawha Valley Homes, Inc. after she claims she suffered a gun shot wound and was injured while at the apartment building.
Kanawha Valley Homes, Inc. is doing business as Oakwood Terrace Apartments.
Oakwood Terrace Apartments was also named as a defendant in the suit.
On Aug. 16, 2010, Kristi Brooks was a tenant of the defendants and at approximately 5:45 p.m. she exited her apartment and proceeded onto the front porch and/or sidewalk area when another tenant, Markkei Antwonette Johnson, negligently and/or recklessly discharged a firearm and caused Brooks to sustain injury, according to a complaint filed Aug. 6 in Kanawha Circuit Court.
Brooks claims as a result of the discharge of the firearm, she was shot in the left lower quadrant of her body, causing injury to her small bowel and sigmoid colon.
The bullet did not exit Brooks' body and caused her extensive pain and suffering, among other elements of injury and damage, according to the suit.
Brooks claims the defendants breached their duty of care and written contract and verbal promises to with her by permitting the use of its common property to degenerate into an unreasonable unsafe environment.
The defendants are responsible for Brooks' injuries because they failed to warn her of the dangers caused by being in the common area of the premises as a result of firearm use by other tenants, according to the suit.
Brooks is seeking compensatory and punitive damages. She is being represented by Henry E. Wood III.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 12-C-1577