WHEELING -- The negligence on the part of the organizers of the Upper Ohio Valley Italian Heritage Festival and an unnamed vendor allegedly caused one woman to fall and sustain injury at a public event in July 2012.

Nellie McDaniels filed a lawsuit July 18 in Ohio Circuit Court against the Upper Ohio Valley Italian Heritage Festival Inc. and John Doe Vendor.

While attending the festival on July 22, 2012, McDaniels said she stepped on a loose ball from a vendor in the walkway of the Wheeling Heritage Trail, which caused her to fall and sustain permanent injuries, according to her lawsuit.

She says the defendants were negligent in exercising care for her safety, the vendors should have monitored the equipment and both defendants had a duty to maintain the walkway or correct unsafe conditions. The lawsuit alleges the defendants should have been aware of the unsafe condition and should have warned McDaniels and other patrons of the issue.

The plaintiff seeks damages from both defendants in sums that exceed the jurisdictional minimum, as well as compensatory damages up to policy limits of available coverage, plus interest and court costs.

McDaniels is represented by Jordan M. Laird of Zavolta Law Office in Wheeling. The case has been assigned to Circuit Judge Ronald E. Wilson.

Ohio Circuit Court case 14-C-210

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