WEST VIRGINIA RECORD

CHARLESTON - A Kanawha Country man has filed a suit against his landlord after he was injured while moving a broken refrigerator down a flight of stairs from his apartment.

Gene Fry filed the suit Sept. 26 in Kanawha Circuit Court against Richard and Elberta Risk.

According to the suit, Fry lived in a building located at 5231 MacCorkle Ave. in Charleston. Fry lived in an apartment at the top of a flight of steps.

The apartment complex is owned by the Risks.

Fry claims the refrigerator in his apartment stopped working Oct. 13, 2006. According to the suit, Richard Risk informed Fry that the refrigerator could not be replaced until the non-operational unit was removed from his apartment.

Fry claims it was foreseeable that he could be injured moving the broken refrigerator down a flight of stairs.

"While moving the non-operational refrigerator from the apartment, the refrigerator fell down the staircase leading from (Fry's) apartment, hitting (him), causing severe injuries," the suit says.

According to the suit, the defendants negligently, carelessly, recklessly, willfully, wantonly, and with utter disregard for the safety of Fry, required him to remove the broken unit.

Fry claims he was not provided with any equipment or assistance that might have prevented Fry from being injures by the refrigerator.

Fry seeks compensatory and punitive damages.

Attorney Mark French is representing Fry. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 08-C-1874