CHARLESTON – A Baltimore woman seeks compensation after injuring herself in a fall at Canaan Valley Resort.
Donna Frank filed the lawsuit Dec. 27 in Kanawha Circuit Court against Guest Services Inc. and the West Virginia Department of Natural Resources, West Virginia State Parks and Forests.
Guest Services, based in Virginia, provides maintenance and upkeep at Canaan Valley Resort, which is operated by the state DNR
On Dec. 31, 2003, Frank was at the Tucker County resort when she fell on a set of stairs "which were in obvious need of repair" at the resort's Raven Lodge, according to the lawsuit filed by attorney James R. Akers II.
The fall caused her to suffer significant serious and permanent injuries and damages, the suit claims, including a fracture to her left knee.
Frank says the defendants owed her a duty of reasonable care, but breached that by negligently failing to provide a safe and secure environment for its patrons, by negligently creating a dangerous condition or by negligently allowing the existence of a dangerous condition, by negligently failing to correct or remove the dangerous situation and by negligently failing to notify the plaintiff and other resort guests of the dangerous condition.
She claims she has incurred medical expenses and will continue to do so. In addition, she says she has endured pain and suffering, sustained an impairment of the capacity to enjoy life, suffered humiliation and embarrassment because of the nature and extent of her permanent condition as well as suffered annoyance, aggravation, mental anguish and other economc and non-economic losses. She said she also will continue to suffer from those in the future.
Frank seeks an amount to adequately compensate her for those injuries and damages with pre- and post-judgment interest, court costs and other relief.
In the suit, Frank says she seeks recovery not from state funds, but rather recovery under and up to limits of the state's applicable liability insurance coverage.
She seeks a jury trial.
The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number: 05-C-2831