Couple sues CAMC for defective parking gate

By Kyla Asbury | May 29, 2012

CHARLESTON -- A Charleston couple is suing Charleston Area Medical Center after injuries were sustained due to a defective parking gate.

Central Parking System of Kentucky, LLC; Central Parking Corporation; and Amano USA Holdings, Inc., were also named as defendants in the suit.

On May 1, 2010, Betty S. Beard was riding as a passenger behind Steven E. Beard, her husband, on his motorcycle and the couple was exiting the visitor parking facility at CAMC's Memorial Division at 31st Street and MacCorkle Avenue in Kanawha City when the parking gate unexpectedly descended and hit Betty Beard, according to a complaint filed April 30 in Kanawha Circuit Court.

The Beards claim when the parking gate descended and struck Betty Beard, it caused her to be bent backwards over the back of the motorcycle and suffer injuries.

The defendants had a duty to examine the premises for unsafe or dangerous conditions; correct any unsafe or dangerous conditions; and otherwise keep and maintain the premises in safe condition for business invitees, according to the suit.

The Beards claim the defendants also failed to warn them of any unsafe conditions.

The parking gate was inherently dangerous and the defendants knew or should have known of its dangerous condition and caused serious injuries to Betty Beard, according to the suit.

The Beards are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Marvin W. Masters and April D. Ferrebee.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-773

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