Woman sues landlords after sewage leaks into her eye

By Cara Bailey | Jul 6, 2007

CHARLESTON - A Kanawha County woman has filed a suit against her landlords after she was injured when sewage from the apartment above her leaked into her eye.

Wilma Garrettson of Montgomery filed a suit June 25 in Kanawha Circuit Court against landlords Robert and Diane Simile.

According to the suit, the Similes owned the rental unit in which Garrettson was living in June 2005.

Garrettson claims she was living in the downstairs apartment, which had a sewage leak from the upstairs apartment. Garrettson was "standing on the commode, attempting to remove a light fixture from the bathroom ceiling that had been leaking," the suit says.

As she removed the fixture, sewage from the upstairs apartment leaked into her eye, causing her to fall and injure her eye, ribs, back and right foot.

She claims the negligence of the landlords caused her injuries. She seeks compensatory damages for pain and suffering, medical expenses and impairment of earning capacity.

Attorney John R. Mitchell is representing Garrettson. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 07-C-1265

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