Nurse says WVDOC should've fixed pothole

By Kyla Asbury | Feb 7, 2013

CHARLESTON – A nurse is suing the West Virginia Division of Corrections after she claims she was injured while on its property.

Courtney Hipes was employed by Wexford Health Services as a licensed practical nurse, which is contracted out by the WVDOC, according to a complaint filed Jan. 23 in Kanawha Circuit Court.

Hipes claims on Sept. 1, 2011, she was exiting a vehicle on WVDOC’s property when she stepped in a pothole and injured her ankle.

The road in which Hipes stepped on was a hazardous condition not readily apparent to her and was present for a sufficient period of time to allow the defendant adequate and reasonable opportunity to remedy the condition, according to the suit.

Hipes claims the defendant owed a duty of reasonable care to provide a reasonably safe premise for employees that are working at the Pruntytown Correction Center and failed to meet this duty by failing to remedy the hazardous condition that caused her injury.

The defendant’s negligence caused Hipes to suffer a chronic tear of the right anterior talofibular ligament, requiring a right lateral ankle reconstruction and a right ankle arthroscopy, according to the suit.

Hipes is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Scott H. Kaminski.

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

Kanawha Circuit Court case number: 13-C-145

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