MARTINSBURG -– A Virginia man is blaming two Bunker Hill corporations and their managers for an accident in which he was involved after drinking alcoholic beverages at their establishments.

In the lawsuit he filed July 28 in Berkeley Circuit Court, Kodey Presgraves alleges defendant Henry E. Worcester III, manager of defendant Vixens; defendant William T. Goff Jr., manager of defendant Underground; and Casey McGee, manager of Vixens and the Underground, never should have let him leave their establishments on Oct. 12, 2007.
Presgraves went to the Underground, where he ate and drank several alcoholic beverages, the suit states.

During his stay at the Underground, Presgraves got up and attempted to use the restroom. Once inside the Underground's bathroom facilities, Presgraves placed his hand on top of a cultured marble vanity located next to the urinal, the complaint says.

Little did Presgraves know that the marble top of the vanity had been broken, leaving an extremely sharp edge exposed, he says.

"Kodey was unaware of the dangerous condition that the broken cultured marble top represented, and, in the condition of the restroom, could not, using reasonable senses of perception, determine that the cultured marble top presented an unusual danger," the suit states.

"Kodey's right wrist was cut deeply by the sharp edge presented by the cultured marble top."

Presgraves left the restroom to find an employee for help, but before the employee provided Presgraves any assistance, Presgraves was forced to clean his blood from the sink, according to the complaint.

The employee then gave Presgraves paper towels and escorted him upstairs to Vixens, where McGee was managing at the time, the complaint says.

After examining Pregraves's wound, McGee told Presgraves he would have to leave the premises and go to a hospital, according to the complaint. Before directing Presgraves to leave, though, McGee handed Presgraves a fresh set of paper towels and provided him with a note saying that the Underground would accept responsibility for Presgraves's medical care, the suit states.

"At the time Kodey was forced to leave Vixens and the Underground, he had consumed several alcoholic beverages, and was visibly intoxicated, and was further incapacitated, and in a state of shock, caused by a loss of blood," the complaint says. "That no agent, servant and/or employee of the defendants attempted to determine whether Kodey could safely drive himself to a hospital, nor did they offer to drive him to a hospital, or call an ambulance to take him to the hospital."

So, Kodey attempted to drive himself to the hospital, but got into an accident on the way, he claims.

"That, on the date, and at the time aforesaid, the agents, servants and employees of the defendants knew, or should have known that Kodey was not physically able to operate a motor vehicle safely, and still negligently and carelessly permitted Kodey to operate a motor vehicle," the suit states.

In the four-count suit, Presgraves is seeking an unspecified judgment, plus pre- and post-judgment interest and other relief the court deems just. He is also seeking punitive damages from McGee, plus attorney's fees and costs.

Michael Santa Barbara of Santa Barbara Law Offices in Martinsburg will be representing him.

Berkeley Circuit Court case number: 09-C-517

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