Woman sues DOH, paving company after falling in storm grate hole

CHARLESTON - A Kanawha County woman has filed a suit against the West Virginia Department of Transportation after she was injured when she fell in a storm grate hole created after a road was paved.

Connie Marino of St. Albans filed the suit against the DOT and West Virginia Paving.

Marino was an employee of Go-Mart located on West Main Street, in St. Albans. On Dec. 5, 2006, Marino was crossing the street to place another order with her delivery truck driver.

According to the suit, West Main Street had recently been paved, creating an additional layer of pavement on the road surface.

"In performing the repaving work, a storm grate abutting the sidewalk in front of the Go-Mart was not raised or replaced and, as the result of placing an additional layer of pavement or asphalt on top of the existing road, without raising or replacing the existing storm grate, the hole in the road became exceptionally deep and hazardous to persons walking in that area," the suit says.

Marino claims that as she crossed the street, she stepped into the storm drain and tripped. Marino fell on her left shoulder, fracturing and dislocating it. She claims she continues to suffer from permanent and severe limitations with respect to the use and function of her left arm.

According to the suit, Marino claims the DOT and WV Paving created a hidden and dangerous condition.

In the two-count suit, Marino claims she had endured pain and suffering, mental anguish and emotional distress, loss of sleep, annoyance and inconvenience and the loss of ability to enjoy life.

Marino seeks compensatory and punitive damages.

Attorney J. Miles Morgan is representing Marino. The case has been assigned to Judge Louis Bloom.

Kanawha Circuit Court case number 08-C-447