Woman sues Clendenin over parking lot design

By Justin Anderson | May 27, 2009

CHARLESTON -- A woman is suing the town of Clendenin after she was hit by a car at an allegedly dangerous parking lot by the post office.

Dorothy Swortzel filed a lawsuit May 8 in Kanawha Circuit Court.

Swortzel claims that she was hit and run over by a car on Aug. 11, 2007, after leaving the post office and heading back to her vehicle.

Swortzel says she was rushed to Charleston Area Medical Center and was hospitalized for 40 days because of her injuries.

The injuries were so severe, that at one point a relative was named Swortzel's legal and medical power of attorney, the complaint says.

The complaint says that Clendenin supervised and maintained both the parking lot and Maywood Avenue running parallel. Cars that are backing out of the parking lot have to enter the street into oncoming traffic, the complaint says.

At the time Swortzel was hit, there were no crosswalks or sidewalks for pedestrians to use, nor were there any warning signs posted.

The complaint says that after the incident, the town installed crosswalks and posted signs instructing motorists to yield to pedestrians.

Swortzel is seeking compensatory damages and legal costs.

Robert B. Warner is representing the plaintiff. The case is before Kanawha Circuit Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number: 09-C-862

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