HUNTINGTON — A man is suing Pilot Travel Centers for injuries he sustained while lawfully on the property.
Warren Brown was at a Pilot gas station on Aug. 3, 2022, when he was injured due to a missing metal grate, according to a complaint filed in Cabell Circuit Court.
Brown claims he was unaware that the defendant had intentionally removed a grate on its storm drain in its pull-in driveway and he had parked his truck and was going toward the retail establishment when he stepped and fell into the uncovered drain to the ground.
"As a proximate result of the willful, intentional, careless and negligence of defendant, and not by any contributory negligence on plaintiff's part, plaintiff sustained serious permanent bodily injuries," the complaint states. "Further, defendant's failure to immediately correct a known dangerous and significant risk demonstrates a conscious, reckless and outrageous indifference to the health, safety and welfare of others and was the direct and proximate cause of...Brown's injuries."
Brown claims the defendant had intentionally removed the grate along its opened culvert that was long and wide and it was an instant hazard and danger to the plaintiff and other pedestrians and customers who were lawfully using the premises.
The defendant's negligence caused Brown to suffer and he will continue to suffer from pain and physical disability, according to the suit.
Brown claims he also suffered emotional distress from the incident.
Brown is seeking compensatory and punitive damages. He is represented by H. Truman Chafin, Letitia Neese Chafin and Stacey Kohari of The Chafin Law Firm in Williamson.
The case is assigned to Circuit Judge Alfred Ferguson.
Cabell Circuit Court case number: 23-C-95
