MARTINSBURG - A Virginia woman has filed a federal suit against Charles Town Races and Slots, alleging she was hospitalized after she fell out of a chair while playing the slot machines.

Kimiko Battley claims while she and her son were visiting the race track Oct. 11, 2006, she "was sitting and turning, when the chair stuck into the carpet and tipped over with Kimiko Battley therein and fell violently to the floor," the suit filed Oct. 10 in U.S. District Court states.

Charles Town Races and Slots employees failed to provide assistance or to call for an ambulance until 30 minutes after the incident, according to the complaint.

Battley claims their actions forced her to "suffer in silence while her son, with no choice, sought medical attention to save his mother," the suit states.

Because of the incident, Battley claims she has and continues to suffer multiple personal, psychological and emotional injuries.

In addition, Battley has endured past and future physical pain, suffering and discomfort, past and future mental anguish, aggravation and annoyance, disability, past and future medical expenses, loss of enjoyment of life, lost function of parts of her body, impairment of her psychological functioning and disability from engaging in recreation, the suit states.

She also has undergone hospitalization and is limited from her normal activities, according to the complaint.

Battley claims Charles Town Races and Slots was negligent because it failed to maintain the premises in a safe manner, failed to protect patrons from falling, failed to warn customers about the dangers of the bar stool seats and failed to discover the tripping danger.

The racetrack also negligently created a hazardous condition and failed to inspect its property for dangerous conditions, the suit states.

Charles Town Races and Slots should have known the high chairs could present a problem to its patrons, according to the complaint.

"The high chair/stool and/or the uneven, loose or raised carpeting, was an unreasonable premises defect because it presented a hazard to anyone gaming, when using the provided high chairs/stools in the area," the suit states.

Battley is seeking unspecified damages for her personal, medical and related expenses, plus interest and costs.

She is representing herself.

U.S. District Court case number 3:08-CV-153

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