HUNTINGTON -- A Cabell County man is suing the City of Huntington and a police officer he claims shot him.
On June 30, 2010, Justin Drew Kinder and Daniel Wiles were together in the downtown area of Huntington and at the time, Wiles was carrying a firearm, according to a complaint filed July 2 in Cabell Circuit Court.
Kinder claims while they were together, Wiles' firearm accidentally discharged and he was shot in the shoulder.
Wiles was negligent with respect to the carrying and handling of a firearm resulting in Kinder being shot, according to the suit.
Kinder claims Huntington owes a duty to its citizens and visitors to ensure that its police officers are trained with respect to the carrying and handling of firearms, whether on or off duty.
Huntington breached its duty to Kinder and was otherwise negligent with respect to the procedures, policies and training with respect to handling firearms by Wiles and/or other officers, according to the suit.
Kinder claims the defendants knew or should have known of the risk associated with the carrying and handling of firearms by police officers while both on or off duty.
As a result of the defendants' negligence, Kinder suffered severe and irreparable harm and injury, according to the suit.
Kinder is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Scott H. Kaminski.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 12-C-429