West Virginia Record

Wednesday, October 16, 2019

City of Charleston sued for woman's injuries from uneven sidewalk

By Kyla Asbury | Apr 5, 2012

CHARLESTON -- A Boone County woman is suing the City of Charleston for injuries she sustained on a public sidewalk.

DJT, LLC, which is doing business as Bruno's, was also named as a defendant in the suit.

On March 20, 2010, Anne V. Phipps exited Bruno's and stepped onto the sidewalk on Kanawha Boulevard when she tripped and fell because of the uneven sidewalk, according to a complaint filed March 20 in Kanawha Circuit Court.

Phipps claims the sidewalk was in disrepair, worn or damaged resulting in cracks, dips, raised portions and other uneven areas in the sidewalk.

As a result of her fall, Phipps sustained a broken right arm, injuries to her left arm and contusions, according to the suit.

Phipps claims the defendants had a duty to keep the sidewalks in good repair and failed to do so.

The defendants negligently failed to provide reasonable care to pedestrians using the sidewalk and negligently failed to keep the sidewalk free from hazards, according to the suit.

Phipps is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Brian L. Ooten and Peter A. Hendricks.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-510

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