Woman sues City of Charleston for injuries suffered in parking garage

By Kyla Asbury | Nov 12, 2012

CHARLESTON -- A woman is suing the City of Charleston after she claims she was injured when attempting to exit one of the city’s parking garages.

On Oct. 13, 2010, Brandy Smith was exiting a Charleston parking garage when suddenly and without warning, a toll pole slammed down upon her head and caused her injuries, according to a complaint filed Oct. 15 in Kanawha Circuit Court.

Smith claims the defendant negligently and carelessly failed to maintain safe equipment in the parking garage, which caused her injuries.

The defendant’s actions were negligent in failing to maintain its premises in a reasonably safe condition; failing to exercise due care in maintenance and inspection of the premises; failing to adequately train its personnel in the appropriate methods to inspect and maintain the premises; failing to warn of hazards which the defendant knew or should have known of; failing to exercise due care generally; and other acts and omissions known or unknown to the plaintiff, according to the suit.

Smith claims as a result of the defendant’s actions, she suffered injuries, some of which are permanent in nature.

The defendant’s negligence and carelessness caused Smith to suffer bodily injuries requiring medical treatment and related expenses; physical pain and suffering; mental anguish; emotional distress; loss of ability to enjoy life; and other general damages, according to the suit.

Smith is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Kathy A. Brown.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-2079

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