Man sues after tubing accident at Burnsville Lake

By Cara Bailey | Aug 24, 2007

CHARLESTON - A day of fun on the water has ended up at the courthouse.

Kanawha County resident Timothy Fischer filed a suit Aug. 14 in Kanawha Circuit Court against Charles McVey, who was driving a watercraft and carrying Fischer behind him on an inner tube when Fischer collided with another watercraft.

According to the suit, Fischer and McVey were at Burnsville Lake in Braxton County where McVey was operating his 1994 Kawasaki watercraft.

Fischer was riding on an inner tube being pulled by McVey when the inner tube collided with another watercraft. According to the suit, Fischer was severely and permanently injured.

Fischer claims McVey was operating his watercraft in a negligent or reckless manner. According to the suit, McVey was cited for reckless operation of a watercraft, to which he pled guilty.

In a four-count suit, Fischer claims McVey owes him for actual and consequential damages. Fischer seeks damages for wage and benefit loss; pass, present and future medical expenses; pain and suffering, annoyance and inconvenience; loss of enjoyment and quality of life; and emotional and mental distress.

Attorney Brett J. Preston is representing Fischer. The case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number 07-C-1703

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