Gino's to blame for woman's death, suit alleges

HUNTINGTON -- A trip to Gino's Pizza and Spaghetti House ended up killing a Wayne County woman, according to a lawsuit filed in Cabell County.

Michael McArthur, administrator of the estate of Melissa McArthur, filed the suit April 19 in Cabell Circuit Court.

In the suit, Michael McArthur of Kenova says Melissa McArthur was visiting a Gino's in Huntington on April 19, 2004, when she was injured.

"The dangerous condition was a rail that had a sharp and hazardous exposed end which caused injuries to the plaintiff's hip, thigh and leg area which caused damages," the suit claims.

It also said Melissa McArthur suffered from a blood disorder which caused her to develop blood clots as a result of the injury.

The suit alleges Melissa McArthur was permanently injured and disabled and suffered great pain of body and mind as well as mental anguish and distress.

Until the time of her death, the suit says, she required expenses for hospitalization, treatments, medication and travel expenses to and from doctors' offices and hospitals as well as other various expenses.

"The decedent's death was a direct and proximate result of the defendant's negligence," the suit states. "The defendant was otherwise negligent, grossly negligent and acted with wanton disregard for the safety of its patrons and the plaintiff in particular."

In the suit, neither the relationship between Michael and Melissa McArthur nor the date of her death are clear.

In the complaint, Michael McArthur, who is being represented by Charleston attorney Letisha Bika, says he and other family members have suffered injuries of a personal and pecuniary nature, including paint and suffering, physical and emotional trauma, grief, bereavement, sorrow, loss of consortium and other damages that are permanent and lasting in nature.

He seeks compensatory damages and requests a jury trial.

The case has been assigned to Circuit Judge John Cummings.

Cabell Circuit Court case number: 06-C-280