WEST VIRGINIA RECORD

CHARLESTON -- A Taylor County woman is suing the Stonewall Resort after she claims they are responsible for her 15-year-old son's death.

Benchmark Hospitality Inc., and West Virginia Department of Commerce, Division of Natural Resources were also named as defendants in the suit.

On May 29, 2010, Michael A. Cunningham was at the marina with Matt Kittle and Kittle's two minor daughters. Kittle had rented a houseboat from Benchmark, according to a complaint filed March 21 in Kanawha Circuit Court.

Amy L. Cunningham claims the houseboat was owned by the West Virginia Department of Commerce, Division of Natural Resources.

The rental houseboat was parking in a rental houseboat slip at the marina and was being maintained, serviced and/or repaired by Benchmark's agents, servants or employees, according to the suit.

Amy Cunningham claims the Benchmark employees gave Kittle, his daughters and her son consent to board the rental houseboat and to swim around the houseboat while it was parked in the slip.

While swimming, Michael Cunningham was electrocuted as he attempted to get out of the lake and back onto the rental houseboat, according to the suit.

Amy Cunningham claims the defendants owed a duty to exercise ordinary care to keep the marina and rental houseboat in a reasonably safe condition; to warn of unsafe and dangerous conditions on the premises; and to remove unsafe conditions on the premises.

Amy Cunningham is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Bert Ketchum.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-454