Charleston man sues Metro 911

CHARLESTON - A Charleston man is claiming his request for help during a 911 emergency call went unfulfilled and cost him his leg.

Robert Hodge filed a lawsuit June 23 in Kanawha Circuit Court against Metro 911 and Kanawha County Commission members Kent Carper, Hoppy Shores and Dave Hardy.

He is representing himself.

On July 7, 2004, Hodge says he was informed by the Kanawha County Prosecuting Attorney's office that his 911 call on Oct. 11, 2002, was not responded to.

He says he "called Metro 911 and asked the dispatcher send law enforcement to help me remove several individuals who were uninvited, unwanted and ordered by me to leave my home but refused. Law enforcement was never dispatched."

As a result of this, he says, he was shot and left for dead in his yard when a neighbor noticed him and called 911. This time, the Kanawha County Sheriff's Department responded, though 45 minutes had passed since his first call.

"By the time law enforcement did arrive at my home, the situation had escalated and I was laying in the front yard of my house shot and near dead," the complaint says. "As a result of this shooting, I have lost one of my legs, spent numerous days in the hospital, suffered tremendous pain and have been unable to work, as well as emotional distress, doctor bills and loss of wages."

Hodge is seeking compensatory and punitive damages.

Judge Jennifer Bailey Walker has been assigned the case.

Kanawha Circuit Court case number 06-C-1216