Mother, daughter sue Rock Lake church for injuries

By Kyla Asbury | Jul 7, 2010

CHARLESTON -- A mother and daughter are suing Rock Lake Presbyterian Church for injuries sustained from falling off of a cliff.

Rock Lake Presbyterian Church owns property that previously was known as Rock Lake Pool that includes a cliff consisting of a rock wall that is multiple stories high, according to a complaint filed June 4 in Kanawha Circuit Court.

On March 10, 2009, Darrah Davis Phelps fell off of the cliff and was seriously and permanently injured, according to the suit.

Jennie Davis, Phelps' mother, claims Phelps sustained fractures in her pelvis, L1 and L2 vertebrae and left foot; and a crushing injury to her right foot.

The defendant was aware that the top of the cliff is a popular attraction and that people gain access by walking a path to the top, according to the suit.

The plaintiffs claim the cliff is easily accessible and poses serious danger to children and others who walk out onto the top.

Rock Lake Presbyterian Church knew or should have known that people who visited the area were likely to walk out onto the top of the cliff, according to the suit.

The plaintiffs claim the edge of the cliff is unprotected, has loose rocks, unstable terrain and is several stories high.

Phelps and Davis are seeking compensatory and punitive damages. They are being represented by James R. Fox.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-1009

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