CHARLESTON - A Charleston woman is suing Hospitality Ventures LLC for injuries she sustained while on its property.
On Oct. 28, 2011, Patricia Foster was on the defendant's property when she fell in a pot hole that had been filled with rain water, according to a complaint filed April 26 in Kanawha Circuit Court.
Foster claims the rain-filled pot hole 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 hazardous condition.
As a result of the fall in the pot hole, Foster sustained injuries to her neck, ankle, right shoulder, right knee and back, according to the suit.
Foster claims the defendant owed a duty of reasonable care to provide a reasonably safe premises for customers and failed to do so by failing to remedy the hazardous condition.
The defendant's actions caused Foster to require medical treatment; incur medical expenses; lost wages; great pain and suffering; depression and mental anguish; sleeplessness; loss of enjoyment of life; and other damages, according to the suit.
Foster is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Scott H. Kaminski of Balgo & Kaminski LC.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 13-C-816