WEST VIRGINIA RECORD

CHARLESTON - A 77-year-old man has filed a suit against the city of Charleston after he fell while exiting a municipal parking garage.

William Lee Totten filed a suit Sept. 23 in Kanawha Circuit Court against the city after he fell while walking out of the Virginia Street garage and suffered several serious injuries.

According to the suit, Totten parked his vehicle in the Virginia Street exit on Sept. 21, 2007. Totten, who walks with the assistance of a cane, proceeded to exit the garage via the first floor exit.

Totten claims a hazard consisting of broken pavement and holes existed in his path to the exit, and because of the dimly lit garage combined with the bright sun, he could not see the dangers, the suit says.

Totten fell to the ground due to the broken pavement, and suffered a torn rotator cuff, which required surgery, facial and nose abrasions with a possible nose fracture, abrasions and bruises to his arms, hands and knees, and mental anguish and distress.

According to the suit, Totten's injuries required him to be hospitalized, and he suffered treatments, and medical and travel expenses.

Totten claims the city had a duty to keep the garage clear of broken pavement and holes.

Totten seeks compensatory and punitive damages.

Attorney Charles D. Perfater is representing Totten. The case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number 08-C-1828