Man sues Morgantown for injuries at athletic park

By Kyla Asbury | Oct 9, 2012

MORGANTOWN -- A man is suing the City of Morgantown after he claims he was injured while at one of the city’s parks.

The Board of Parks and Recreations Commissioners of the City of Morgantown was also named as a defendant in the suit.

On Sept. 6, 2010, Robert A. Rist and several of his friends were participating in a pick up game of baseball at one of the public athletic fields at White Park in Morgantown, according to a complaint filed in Monongalia Circuit Court.

Rist claims while participating in the game and occupying first base, the another player at bat hit a pitch, so he began to run to second base.

As Rist slid into second base, the base flipped up out of its base and a defective component of the base severely lacerated Rist’s right leg, resulting in severe and permanent injury, according to the suit.

Rist claims when his leg was lacerated, it exposed the bone and caused profuse bleeding.

The base and component parts of the base at White Park were negligently constructed and/or maintained, according to the suit.

Rist claims following his injuries, he was transported to the emergency room at Ruby Memorial Hospital for treatment of his wounds.

Upon arriving at the emergency room, Rist had a gaping 12-inch laceration of his muscle and skin on the right leg extending from the medial epicondyle to the lateral epicondyle of his right knee with gross contamination of the would with mud, dirt and clay from the White Park athletic field, according to the suit.

Rist claims he sustained doctor, hospital and medical bills; pain, suffering and mental anguish; humiliation, scarring and permanent disfigurement; a significantly compromised lower leg, which affects his ability to enjoy life and engage in normal recreational and occupational pursuits; loss of educational and employment opportunities; and permanent and irreversible damage to his right leg.

The defendants failed to maintain the field and the base, which caused Rist’s injuries, according to the suit.

Rist is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Wesley W. Metheney.

Monongalia Circuit Court case number: 12-C-577

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