Hole caused injury, suit says

CHARLESTON - A Clendenin man says he fell into a hole as he viewed a house that was for sale.

Joseph Hanson filed a lawsuit Sept. 7 in Kanawha Circuit Court against Earnest Noel, claiming Noel was negligent in inviting people to his property without warning them of a hole in the yard.

Hanson says Noel's property in Charleston was for sale when he went to visit it. He adds that he "fell into a hole approximately 14 inches wide and 18 inches deep in the backyard of Earnest Noel's property which had not been marked with signs to warn of this hazard, causing personal injury to Joseph Hanson."

He says Noel was negligent in allowing "inspection of his property that was advertised or noticed to the public as being for sale knowing said hole on his property creating an ongoing hazard."

Hanson is seeking compensatory damages for pain, medical expenses, discomfort, inconvenience, and diminution in the ability to enjoy life. The suit did not specify his exact injuries, though it says they required medical attention.

Katherine Dooley of Dooley Law Firm in Charleston is representing Hanson, who also makes a claim for punitive damages.

Judge Louis Bloom has been assigned the case.