Mother, son suing South Charleston over impaled foot

By Justin Anderson | Mar 6, 2009

CHARLESTON -- A mother and her minor son are suing the city of South Charleston over an alleged mishap at the Little Creek Country Club swimming pool.

On Feb. 11, Patricia Anne Cline filed a lawsuit on behalf of her son Christian Hunter McNeely in Kanawha Circuit Court, claiming that the poles holding up a diving board at the pool came loose from the concrete and came back down, one impaling Christian's right foot.

South Charleston is named as the defendant because the city owns the country club, the complaint says.

Cline and McNeely live in Ashford, Boone County.

The alleged incident occurred on July 24, 2007 when Christian was a patron at the swimming pool and used the diving board.

According to the complaint, an employee of the country club saw a piece of the diving board "break away." On closer inspection, the employee "then became aware that the diving board's anchors and fixtures had become loose and that the diving board was not properly secured into the concrete surroundings," the complaint says.

The employee worked on the diving board, the complaint says, and then allegedly told the swimming pool patrons, including Christian, that the diving board was safe to use.

Later, Christian waited behind the diving board while another patron was using it. While that person was standing on the diving board, the diving board again jarred loose from the concrete and two supporting poles lifted out of the ground and then came back down, the complaint says. One of the poles impaled Christian's right foot, the complaint says.

Christian suffered severe and permanent injuries, the complaint says. Cline suffered economic loss due to medical bills and other damages.

The plaintiffs are seeking compensatory and punitive damages, plus pre- and post-judgment interest on any award.

Lawyers Drew Woods, Robert D. Cline Jr. and Robert A. Campbell are representing the plaintiffs. The case has been assigned to Kanawha Circuit Judge Duke Bloom.

Kanawha Circuit Court case number: 09-C-233

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