WEST VIRGINIA RECORD

CHARLESTON - A Kanawha County man has filed a suit against the Kanawha County Board of Education and the City of South Charleston.

Adrian White of St. Albans filed a suit March 16 in Kanawha Circuit Court.

The suit says that on Aug. 3, 2006, while watching his son's youth football game, White stepped on a manhole cover near the playing field at McKinley Middle School.

"Upon stepping on the cover it immediately came loose and Mr. White fell into the corresponding utility line," the complaint says. "Mr. White had to be pulled from the utility line and he was immediately unable to walk due to pain in his injured leg."

The suit says the cover either was defective or not properly maintained because it came loose simply as a result of being stepped on. The manhole cover was in an area in which it was foreseeable that bystanders, including small children, would be present and potentially walk over it, the suit says.

White required surgery on his injured leg. After his injury, he said he contacted the Board and the City, one of which was responsible for maintaining the utility line and manhole cover, the suit said.

"However, both the Board and the City denied ownership for the utility line on the date of Mr. White's fall and claimed the other defendant was the responsible party," the complaint states.

White seeks judgment against both parties for funds that will compensate him for his injury and medical expenses.

James Akers II is representing White, and the case has been assigned to Judge Charles King.

Kanawha Circuit Court case number 07-C-476