Kanawha County man sues after falling through floor of rental property

CHARLESTON – A Kanawha County man is suing the owners of a property he rented for negligence after he fell through the floor.

In the lawsuit, Joseph B. Huff said he was moving furniture in and around his rental unit at 34 Diamond Avenue in Belle on July 20, 2005, when he fell through the floor.

Huff claims Timothy W. Embrey and Melinda M. Embrey, as owners of Embrey Rentals, were responsible for the management and daily maintenance and upkeep of the property.

But in the suit, filed by G. Patrick Jacobs, Huff claims he had advised the Embreys on numerous occasions that the floor needed repair. But he says the defendants made no effort to do so.

Huff says the fall caused serious, severe, painful and permanent injuries. He claims he suffered injuries to the mind and body; past, present and future pain and suffering; past, present and future annoyance and inconvenience; past, present and future loss of enjoyment of life; past, present and future medical expenses; past, present and future mental anguish; and past, present and future lost earnings and earning capacity.

Huff is suing the Embreys individually and severally for compensatory damages, interest, attorney fees, court costs and other relief. He seeks a jury trial.

The case has been assigned to Circuit Judge Irene Berger.

Kanawha Circuit Court case number: 05-C-2667