MARTINSBURG - The parents of a 10-year-old girl who was hit by a car while riding her bike are suing the driver and the housing development at which the incident occurred and are seeking $5 million.
Michael and Kathy Gaynor are suing on behalf of their daughter Chelsey Light in a lawsuit filed May 25 in Berkeley Circuit Court against Rebecca Perez, Mills Farm, LLC, the Mills Farm Homeowners Association and Clagett Management.
The complaint says that on June 18, Light "suffered serious life-threatening injuries when the bicycle she was riding and a car operated by Defendant Rebecca Ann Perez collidd in or about the cast or lower intersection of Aztec Dr. and Lusitano Dr., Mills Farm Subdivision."
It adds that when Mills Farm submitted a preliminary plan for the development in 2002, a stop sign was to be installed at that intersection.
"At the time of said collision, no stop sign or other traffic control device had been installed at the intersection of Aztec Dr. and Lusitano Dr."
Clagett Management, the plaintiffs allege, was under contract with Mills Farm to serve the property management needs, including maintenance for the streets.
The plaintiffs charge Perez with negligence and also claim she left the scene of the accident. They also charge Mills Farm and its homeowners association and Clagett with negligence and are seeking $5 million in damages.
"Defendant Mills Farm knew or should have known that its failure to install appropriate traffic control devices in the Mills Farm Subdivision… created an unreasonably dangerous condition, especially for children," the complaint says.
It adds that Light suffered severe and permanent injuries because of the accident.
Martinsburg attorney Barry Beck is representing the plaintiffs.
Judge Christopher Wilkes has been assigned the case.
Berkeley Circuit Court case number 06-C-323