OSHA employee sues after fall in Charleston parking lot

CHARLESTON -- A South Charleston woman is suing Pepperidge, LLC, and others she claims are responsible for her injuries sustained from a fall.

Wisteria, LLC; John Elliot; Todd Jones; and Andrew Elliot were also named as defendants in the suit.

Donna Cutright works for the United States Department of Labor-Occupational Safety and Health Administration and leased a parking space from Pepperidge in a parking lot located on Capitol Street near her place of employment, according to a complaint filed Aug. 12 in Kanawha Circuit Court.

Cutright claims on Dec. 27, 2010, she parkerd her vehicle and was attempting to make her way to her office when she slipped and fell onto the ice- and snow-covered parking lot.

Cutright noticed that other areas of lots had been cleared, but not the Pepperidge lot, according to the suit.

In accordance with a Charleston City Ordinance, an owner of a property situated on any paved street in the city is required to remove snow within three hours after the fall of any snow, according to the suit.

Cutright claims the defendants negligently allowed the parking lot to exist in an ice- and snow-covered condition.

The defendants' negligence caused Cutright to suffer severe, crushing, permanent, disabling and painful injuries to her left ankle, which was broken in two places and required surgery and extensive physical therapy, according to the suit.

Cutright is seeking compensatory and punitive damages. She is being represented by Katherine L. Dooley.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1336