Ohio man sues after fall at Turnpike plaza

By Cara Bailey | Mar 19, 2008

CHARLESTON - An Ohio man filed a suit against a gas station at the Beckley Travel Plaza after he slipped on ice while stopping on his trip to Florida.

John Orban filed the suit Feb. 13 in Kanawha Circuit Court against Petroleum Marketers, doing business as Whiting-Jamison Oil Company, which owns the Exxon gasoline station at the travel plaza along the West Virginia Turnpike.

According to the suit, Orban was traveling to West Palm Beach to participate in an antique show when he stopped at the Exxon to get gas.

While walking from the plaza, which houses the food vendors, back to the gas station, Orban slipped on ice near the gas pumps and fell straight to the ground, the suit says.

Orban, 66, claims he immediately felt intense pain in his back and neck and reported the incident, then continued to Florida because he has committed to the antique show.

Upon returning home 10 days later, Orban saw a doctor and was diagnosed with cervical stenosis, the suit says.

According to the suit, Orban claims Whiting-Jamison did not properly salt or chemical the area to get rid of the "dangerous and potentially deadly" ice until Orban and another person had fallen.

Orban claims he has suffered physical pain and suffering and incurred hospital bills, physical therapy, medication and other expenses. His wife, Myra Orban, claims she suffered from loss of consortium as a result of her husband's injuries.

John and Myra Orban seek compensatory and punitive damages for their injuries.

Attorney Damon L. Ellis is representing the Orbans. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 08-C-304

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