Woman sues Reliable Maintenance & Remodeling, others for injuries from fall

By Kyla Asbury | May 22, 2012

HUNTINGTON -- A Cabell County woman is suing Reliable Maintenance & Remodeling, Inc., after she was injured from a fall off of a porch with defective railing.

Dominica Ballengee and Philip Ballengee were also named as defendants in the suit.

On May 22, 2010, Marcha Almodovar visited the Ballengee residence at Dominica Ballengee's request, according to a complaint filed May 1 in Cabell Circuit Court.

Almodovar claims while visiting the defendants, she was standing on the back porch and was leaning against the railing when the railing gave way and she fell off the porch.

The Ballengees were negligent in failing to warn Almodovar of the hazardous, dangerous and defective condition of the porch railing, according to the suit.

Almodovar claims the defendants failed to build, construct and secure the deck and rails in a reasonably prudent and safe manner or in conformance with generally accepted industry standards and building codes.

The defendants' negligence caused Almodovar to suffer physical injuries, mental anguish and lose wages and/or loss of earning capacity, according to the suit.

Almodovar is seeking compensatory damages. She is being represented by John F. Cyrus and S. Douglas Adkins.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-290

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