Broken sidewalk led to broken dentures, suit says

MARTINSBURG - A Berkeley County woman says her fall on a broken sidewalk caused a nose bleed and broke her glasses and dentures.

Joanne Hutchens is suing the City of Martinsburg and CSX Transportation over the alleged incident. She filed the case Oct. 10 in Berkeley Circuit Court.

On Nov. 14, 2004, she says she was walking under the east side of the CSX underpass on North Queen Street.

"As she came out from under the underpass heading south... she caught her foot on pieces of broken and disrepaired sidewalk. she fell to the ground, hitting her face on the pavement, causing a nose bleed and abrasions to her knees. She also broke her glasses and dentures."

She claims the City of Martinsburg and CSX had a duty to maintain the sidewalk and make sure it was clear of any debris.

"Said failure on the part of the City of Martinsburg exhibits a failure on the part of the city to enforce its own city ordinances," the complaint says.

Hutchens says she has suffered great physical and emotional pain and has incurred medical expenses, while husband Randolph says he has been deprived the society, companionship, consortium and services of his wife.

Paul Taylor of Martinsburg is representing the plaintiffs, who seek compensatory damages.

Judge David Sanders has been assigned the case.

Berkeley Circuit Court case number 06-C-734