Estate of man who fell off balcony sues landlord

CHARLESTON - A recently filed lawsuit says the death of a man who fell off a third-floor balcony while helping move furniture is the fault of the building's landlord.

Terry Epling filed the lawsuit May 26 in Kanawha Circuit Court as the Administratrix of the Estate of Blake Epling. Larry Dennison is the named defendant.

"At the time of Plaintiff's Decedent's fall, the balcony railing was of a lesser height than required by applicable state, federal and local building codes," the complaint says.

The alleged incident occurred Dec. 20, 2004, as Terry Epling was helping occupants of an apartment building located on Highland Ave. in South Charleston and owned by Dennison move furniture.

Epling fell over the railing of the third-floor balcony and sustained injuries that would result in his death three days later.

Gary E. Pullin of Pullin, Fowler and Flanagan in Charleston is representing the plaintiff, who is suing for both wrongful death and injuries sustained.

Terry Epling is seeking compensatory and punitive damages.

Judge Jennifer Bailey Walker has been assigned the case.

Kanawha Circuit Court case number 06-C-1014