Man blames Huntington, couple for injuries from downed tree

By Kyla Asbury | Jun 4, 2015

HUNTINGTON – A man is suing the City of Huntington after he claims he was injured when a tree fell on him.

James and Sally Weiler also were named as defendants in the suit.

On Aug. 22, 2013, David Eugene Wolfe was walking along Edgemont Road in Huntington when a tree and large branch fell on him, causing him several severe injuries, according to a complaint filed May 22 in Cabell Circuit Court.

Wolfe claims the Weilers owned the property along the road where he was walking and the City of Huntington has an easement eight feet along the roadway that it is charged with maintaining.

The plaintiff was trapped underneath the branch and along the road for several hours, according to the suit.

Wolfe claims while stuck under the tree, he suffered a large number of bee stings and Cabell County EMS was unable to get close to him because of the amount of bees surrounding the tree.

Eventually EMS was able to transport Wolfe to Cabell Huntington Hospital, where he was admitted to surgery, according to the suit.

Wolfe claims the City of Huntington failed to maintain its easement along the roadway and to monitor and maintain trees that it knew or should have known were a danger to those who drove or walked along the road.

The city negligently performed roadwork that contributed to the dangerous condition along the roadway and further deteriorated the trees along the roadway, according to the suit.

Wolfe claims the landowners failed to maintain and inspect their property and warn of any known dangers.

Wolfe is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Abraham J. Saad of Saad Dixon Law Offices PLLC.

The case is assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court case number: 15-C-373

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