Man sues after fall at apartment complex

HUNTINGTON -- A Kanawha County man is suing the owners of a Huntington apartment complex for injuries sustained after slipping on an icy sidewalk outside the building.

Chirag Patel filed the lawsuit Friday in the U.S. District Court, Southern District of West Virginia.

Named as defendants are American Campus Communities Services Inc., a Delaware corporation; American Campus Communities Holdings LLC, a Maryland limited liability company; American Campus Communities Operating Partnership LP, a Maryland limited partnership; and American Campus Developers LLC, a Delaware limited liability company.

According to court documents, American Campus Communities Services Inc. owns and operates The Village on Sixth Avenue in Huntington.

Patel says the incident occurred about 8:30 p.m. Feb. 1, 2010, when he was leaving his apartment at The Village and walking on a sidewalk that leads to the complex's parking lot.

The sidewalk, he says, was "poorly illuminated" and therefore he could not see the patches of ice on the sidewalk before slipping and falling.

In his lawsuit, Patel says American Campus "owed a duty of care to maintain the premises in a reasonably safe condition, particularly the illumination of sidewalks," for use by him and the general public.

The complex's employees either knew or should have known that the sidewalk had patches of ice, that it was poorly lit and that without proper lighting, the tenants and public couldn't observe such conditions, Patel says.

As a result of the accident, Patel suffered a complete transverse fracture to the right arm olecranon with separation of the bone fragment, requiring an open reduction and internal fixation surgery, according to court documents.

In his complaint, Patel alleges the following damages:

* Extreme physical pain and suffering;

* Extreme mental anguish and suffering;

* Permanent physical impairment;

* Loss of wages and benefits;

* Loss of future earning capacity and benefits;

* Loss of capacity to enjoy life;

* Medical expenses past and future;

* Annoyance and inconvenience; and

* Severe and permanent scarring and disfigurement.

Patel is demanding a trial by jury.

He is represented by C. Benjamin Salango and Dan R. Snuffer with Charleston law firm Preston & Salango.