Women's fight over gun results in lawsuit

By Cara Bailey | Aug 9, 2007

CHARLESTON - A Kanawha County woman filed a suit against another woman after she was bitten on the hand while trying to take a gun away from the woman.

Amy Hively filed a suit July 24 in Kanawha Circuit Court against Elizabeth Lacy, seeking compensation for the expenses she incurred from her injuries.

According to the suit, Hively was at Lacy's home while Lacy was under the influence of alcohol and prescription medication. Hively claims Lacy was incoherent and irrational.

While Hively was at Lacy's home, Lacy went upstairs and began firing a gun, one of two that were in the house.

"(Hively) ran upstairs and attempted to remove a firearm from (Lacy's) possession," the suit says.

According to the suit, in a struggle to get the gun, Lacy bit Hively's left hand, biting through her left thumb tendon. Hively was required to undergo surgery for tendon repair. She now has a scar with regular aching and swelling of the thumb.

Hively seeks compensation for her physical and emotional pain and suffering, medical costs, loss of income, annoyance and inconvenience and attorneys' fees.

Attorney Lia DiTrapano Fairless is representing Hively. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 07-C-1518

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