CHARLESTON - A Charleston woman says her daughter lost a toe as a result of an all-terrain vehicle accident while riding with her father.

Shenna Stalnaker filed a lawsuit June 8 in Kanawha Circuit Court on behalf of Hailey Christy against Richard Christy of Sissonville.

She alleges he negligently allowed Hailey to ride on the back of an ATV without shoes or a helmet on.

"As Defendant Richard Christy had turned the ATV around in the roadway, Plaintiff Hailey L. Christy slid down the side of the ATV while in turn and her foot hit the chain, cutting off her left great toe," the complaint says.

The incident occurred Sept. 6, 2004, in Sissonville, according to the lawsuit. It adds that Richard Christy was borrowing the ATV from a friend.

Norman White of Madison law firm Shaffer and Shaffer is representing Stalnaker.

She is seeking compensatory and punitive damages.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-1105

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