Charleston Town Center's Court Street entrance
CHARLESTON - An Elkview woman says she broke both her legs as a result of the unsafe curb outside the Charleston Town Center Mall on Court Street.
As a result, Sallie Engle is suing the City of Charleston, Charleston Town Center Co., Forest City Commercial Management and Forest City Enterprises. She filed her lawsuit Oct. 18 in Kanawha Circuit Court.
On Oct. 22, 2004, while an employee of W.Q. Watters, Engle says she was involved in a painting project on a restaurant in the mall.
"Engle stepped off of the sidewalk curb into the street," the complaint says. "After stepping off the sidewalk curb, Plaintiff's foot landed on a second lower curb.
"Engle encountered a fall from stepping on the second curb which resulted in fractures to both of her legs."
She claims the city owed a duty to protect her from dangerous and defective conditions in the area of a public sidewalk.
"A pedestrian stepping off the sidewalk steps onto a second lower curb, which would cause a pedestrian to fall and incur injury," the complaint says.
Engle seeks compensatory damages for her medical bills, loss of enjoyment of life and emotional, mental and physical pain and suffering.
She is represented by Samuel Hrko of the Segal Law Firm and is also making a request for punitive damages.
Judge James Stucky has been assigned the case.
Kanawha Circuit Court case number 06-C-2174