CHARLESTON - A Kanawha County woman has filed a suit against Rent-A-Center, after an employee of the store hit and killed her two-year-old daughter.
Barbara Baldwin filed the suit Sept. 2 in Kanawha Circuit Court. Diana and Wilbur Carte are also named as defendants.
According to the suit, Baldwin rented from the Cartes. The bridge leading to the property was damaged, so Baldwin and visitors to the property were instructed to use the neighbor's driveway and drive through the yard to the residence.
Baldwin claims the yard had several large shrubs, hedges and bushes that made visibility when driving through the yard difficult. According to the suit, the Cartes were aware of the situation, as well as the fact that children often played in the yard.
On Sept. 18, 2006, a vehicle from Rent-A-Center was driven through the yard, to repossess furniture from Larry Canterbury.
An employee of Rent-A-Center was directing the vehicle and caused it to strike and kill Jayla Shyann Canterbury, Baldwin's adopted daughter, the suit says.
Baldwin claims Rent-A-Center failed to safely remove the furniture from the home.
Baldwin claims she suffered damages, including her personal loss of consortium and mental and emotional distress. She seeks compensatory and punitive damages.
Attorney William C. Forbes is representing Baldwin. The case has been assigned to Judge Paul Zakaib.
Kanawha Circuit Court case number 08-C-1689