Federal ice slip lawsuit dismissed

by Kyla Asbury |
Feb. 20, 2015, 2:39pm

MARTINSBURG – A lawsuit against Arbor Management has been dismissed from federal court.

The plaintiff informed the court that all parties have reached a settlement agreement in all issues involved in the lawsuit, according to the Oct. 17 dismissal order.

District Judge John Preston Bailey ordered that the lawsuit be dismissed with prejudice and retired from the docket.

"The parties need not submit any additional proposed dismissal or other final order unless it is required by law or is necessary under the terms of any agreement resolving this civil action," Bailey's order states.

Diana Gay Ketterman, by her appointed guardian and conservator Diana Crites, filed the lawsuit Dec. 4, 2013, 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,  claiming the defendants were negligent.

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, according to the suit.

Ketterman claimed 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, according to the suit.

The plaintiff claims the defendants of breached their duty of care by failing to properly repair the roof.

Ketterman incurred medical expenses in excess of $76,000 as well as severe and permanent bodily injury and physical impairment, and emotional and mental distress. She is being represented by Harry P. Waddell of the Law Office of Harry P. Waddell.

The defendants were represented by James D. Stacy II of MacCorkle Lavender PLLC.

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

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