CHARLESTON – A faulty drinking fountain is to blame for injuries a Nitro woman sustained while attending classes at a Charleston-area university.

On Aug. 21, Faith Burdette filed a lawsuit in Kanawha Circuit Court against West Virginia State University.

In her complaint and suit, filed with the assistance of Nitro attorney Thomas D. Peyton, with the Peyton Law Offices, Burdette alleges "water that had been sprayed by a water fountain onto the floor of a building in which the Plaintiff was walking ... caused [her] to fall."

"The location of the accumulated water was difficult to see, near the front door of the Defendant's elevator and was the result of on improperly maintained drinking fountain," Burdette alleges in her suit.

According to court records, Burdette sustained her injuries on Aug. 23, 2006. Though the location of the alleged accident is not specified in the suit, Peyton told The West Virginia Record it happened at the Thomas W. Cole Jr. Complex located on the south end of State's campus.

At the time, Peyton says Burdette was attending classes at State.

As a result of her injuries, Burdette alleges she incurred mental anguish and distress, pain and suffering, medical expenses, lost earning capacity, loss of household services, aggravation, annoyance and inconvenience and loss of enjoyment of life.

As compensation for her injuries, Burdette is asking for "recovery of money damages under and up to the limits of West Virginia's liability insurance coverage."

The case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court Case No. 08-C-1066

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