Two couples suing cities after sidewalk mishaps

By Justin Anderson | Apr 8, 2009

CHARLESTON – Two lawsuits are pending in Kanawha Circuit Court that blame two cities for not keeping their sidewalks in shape.

Deborah Akers and her husband James Akers filed their lawsuit March 16 against the city of South Charleston.

Donna Rae Miller and her husband David Miller sued the city of Charleston and General Corporation doing business as KVB Corp. in a lawsuit filed on March 19.

The Akers complaint says Deborah was walking on the west side of E Street between Fourth and Fifth avenues on March 18, 2007 when she encountered a cracked, broken and uneven portion of the sidewalk.

Deborah allegedly tripped and fell, fracturing her wrist.

The Akers claim the city was negligent and careless in not maintaining the sidewalk there.

They are seeking various damages, including loss of consortium for James.

The Millers complaint says Donna was walking on the sidewalk in the 800 block of Lee Street April 7, 2007 when she tripped over one or more bricks that were protruding up from the sidewalk.

The fall caused her severe physical and mental injuries, the complaint says. David has suffered the loss of consortium of his wife, the lawsuit alleges.

The Millers are suing the city and the business because the fall allegedly happened in front of real estate owned by KVB Corp.

John Kennedy Bailey is representing the Akers. Michael J. Del Giudice is representing the Millers.

The Akers case is before Kanawha Circuit Judge Paul Zakaib. The Miller suit will be heard by Kanawha Circuit Judge James Stucky.

Kanawha Circuit Court case numbers: 09-C-471 and 09-C-488

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