Woman sues landlord over alleged slip on ice

By Kathryn Swartz | Dec 12, 2013

MARTINSBURG - A woman is suing a building owner and property management company over claims of negligence.

Diana Gay Ketterman, by her appointed guardian and conservator Diana Crites, filed a lawsuit Dec. 4 in U.S. District Court for the Northern District of West Virginia against WV Preservation Associates LLC, the owner of Lee Street Apartments in Moorefield, and Arbor Management LLC, the property manager of Lee Street Apartments, citing negligence.

Ketterman, who has resided at Lee Street Apartments since 1995, moved to a ground floor apartment at the end of 2010 or beginning of 2011 under a doctor’s orders.

Ketterman says that on Jan. 11, 2012, she slipped on ice, caused by the defendants' negligent roof repair, in front of her apartment. The slip caused Ketterman to fracture her right shoulder, undergo surgery and receive ongoing physical therapy, the filing states.

The plaintiff accuses the defendants of breaching their duty of care by failing to properly repair the roof. According to the brief, Ketterman has incurred medical expenses in excess of $76,000 as well as severe and permanent bodily injury and physical impairment, and emotional and mental distress.

The plaintiff is demanding a jury trial. She is being represented in the case by Martinsburg attorney Harry P. Waddell.

United States District Court for the Northern District of West Virginia Case No. 2:13-cv-00082

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