Fractured skull is racetrack's fault, suit says

CHARLES TOWN - A man says he suffered a fractured skull in an attack at Charles Town Races and Slots and is suing the track for his injuries.

Chester Harvey filed the suit Sept. 7 in Jefferson Circuit Court against Penn National Gaming, the owner of the track.

The alleged incident took place March 21, 2002. Harvey says he was attacked from behind as he tried to enter the bathroom.

"The injuries sustained by Plaintiff, Chester Harvey, as described herein were the direct and proximate result of the negligence of the defendants, acting by and through their servants, agents or employees, in failing to properly maintain security cameras in and about the area in which the plaintiff was injured, failing to provide proper security personnel in and about the area in which the plaintiff was injured," the lawsuit says.

It also says the track failed to properly screen customers and prevent "dangerous persons" from entering the premises.

Harvey says he has and will continue to incur expenses for hospitalization, surgery, therapy, medication and travel expenses to and from doctors' offices and hospital, and that he is permanently injured and handicapped.

Harvey is not suing the person he claims hit him. His wife Cindy is making a claim for loss of consortium.

The Harveys are representing themselves

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-306