CHARLESTON -- A Kanawha County woman is suing West Virginia-American Water Company and American Water Works Service Company after she sustained injuries from falling into a water meter while gardening.

On July 2, 2008, Diana Smith was gardening in her yard when fell into an unlocked or defective water meter owned and serviced by the defendants, according to a complaint filed July 1 in Kanawha Circuit Court.

Smith claims the defendants were negligent in failing to lock the water meter lid or installing a defective water meter so as not to cause their customers to fall into the meter.

The defendants were negligent in failing to monitor the water meter when they knew or should have known that an open or otherwise unlocked or defective water meter would be a hazard, causing dangerous walking conditions, according to the suit.

Smith is seeking compensatory damages. She is being represented by Michelle Johnson.

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

Kanawha Circuit Court case number: 10-C-1193

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