CHARLESTON - A 75-year-old Lewis County woman has filed a lawsuit against a man who hit her with his car, permanently injuring her leg.
Catherine J. Sumpter filed a suit against David Facello, a Kanawha County man, Feb. 14 in Kanawha Circuit Court.
On March 18, 2005, Sumpter and her family were attending the state high school basketball tournament at the Charleston Civic Center.
After the game, Sumpter was getting in her daughter's car, which was parked in the Greyhound Bus Garage. Facello "was, as were many other spectators, hurrying to exit the parking garage," the complaint states.
Facello backed out and collided with Sumpter's right leg, pinning her leg between his bumper and the side of her daughter's vehicle, according to the complaint.
The investigating officer's report states, "Driver #1 stated he didn't see the pedestrian."
Because of the accident, Sumpter has suffered several problems with her leg, including a crushed lower right leg, an amputated toe and several contusions, as well as a swelling knee and ecchymosis in her thigh and toes, and numbness due to peripheral nerve damage, as well as other injuries.
Because of her injuries, she has incurred medical expenses in excess of $10,000 and she requires home care, orthopedic shoes and special pads for walking. She believes the injuries are permanent.
The suit says Sumpter is a widow, who lived alone before the accident. But since then, she has had to rely on her family more, and she would like to compensate them, the suit says.
She seeks compensatory and punitive damages.
Attorny J. Burton Hunter is representing Sumpter, and the case has been assigned to Judge Tod Kaufman.
Kanawha Circuit Court case number 07-C-292