CLARKSBURG -- A Mt. Airy, N.C., couple is suing The Flatwoods Kampgrounds of America after they claim it breached its duty by allowing dangerous conditions to exist.
On July 29, 2012, Laurie Legere was a guest and business invitee of the defendant and was in the bathhouse on the premises for the purpose of using the shower to bathe, according to a complaint filed March 24 in the U.S. District Court for the Northern District of West Virginia.
Legere claims when she exited the shower stall and attempted to walk across the bathhouse to the area where her towel was located, she slipped and fell on the wet floor and suffered a fracture through the head of her proximal left radius, an avulsion fracture projecting anteriorly into the left elbow joint, a dislocation of her left elbow and other injuries.
John Skidmore Development Inc., which trades and does business as The Flatwoods Kampgrounds of America, had a duty to design, construct, maintain and/or operate a bathhouse in a manner that would not result on an injury to invitees, according to the suit.
Legere claims the defendant breached its duty and was negligent, which caused her to suffer injuries.
As a direct and proximate result of the defendant's negligence, Legere was required to undergo medical treatment and incurred medical bills in excess of $37,000, according to the suit.
Legere claims the defendant breached its duty by installing, or permitting to exist, floor tiling it knew or should have known was reasonably unsafe for use; by creating or allowing to exist circumstances which required the defendant's guests to traverse the wet tile floor to retrieve a towel; and by failing to install appropriate floor mats to protect the defendant's guests.
The defendant also breached its duty by creating or allowing to exist an unmarked step down when in the exercise of reasonable care, the defendant knew or should have known that the step down posed a slip and fall hazard for guests, according to the suit.
Legere claims the defendant failed to warn guests of the existence of the unmarked step down and failed to equip the bathhouse shower and common areas with appropriate protections for guests.
Jan Legere, Laurie Legere's husband, has lost the society, companionship, services and consortium of his wife, according to the suit.
The Legeres are seeking compensatory damages with pre- and post-judgment interest.
They are being represented by Robert J. Behling of the Pittsburgh law firm of Dapper, Baldasare, Benson, Behling & Kane PC.
The case has been assigned to District Judge Irene Patricia Murphy Keeley.
U.S. District Court for the Northern District of West Virginia case number: 1:14-cv-00053