WINFIELD - A Putnam County woman alleges a stroll she took through her neighborhood resulted in a trip to the hospital.
Courtney Kise on July 2 filed suit against the city of Hurricane. In her complaint filed in Putnam Circuit Court, Kise alleges an improperly maintained street caused her to fall and injure herself two years ago.
According to court records, Kise, 23, who lives on Rhoda Street, was walking with a baby stroller along Hurricane Avenue on July 24, 2007. Located two blocks from Rhoda, the area is predominately residential, but contains no sidewalks.
While walking on the street, Kise alleges she tripped and fell on an uneven portion of the roadway. The resulting fall caused a fractured ankle.
In addition to the portion where she fell, Kise alleges nearly all of "Hurricane Avenue was in a serious state of disrepair at the time of the incident, with multiple breaks and multiple gaps." She further alleges city officials had "actual knowledge" of Hurricane Avenue's state of disrepair.
The "negligence and carelessness" of the city to properly maintain Hurricane Avenue, Kise alleges, is a direct result of the injuries she sustained. In addition to medical expenses, Kise claims she's incurred lost wages and earning capacity as well as endured pain and suffering, humiliation, embarrassment, annoyance, aggravation and mental anguish.
Kise is represented by Mark L. French with the Charleston law firm of Criswell and French. She is seeking unspecified damages, court costs, attorney fees and interest.
The case is assigned to Judge Phillip M. Stowers.
Putnam Circuit Court, Case No. 09-C-196