Woman sues Charleston after falling down stairs

By Kyla Asbury | May 24, 2013

CHARLESTON - A woman is suing the City of Charleston after she fell down the stairs of one of its buildings and was injured.


CHARLESTON - A woman is suing the City of Charleston after she fell down the stairs of one of its buildings and was injured.

On May 21, 2011, Phyllis J. Gibson was attending an event located at the Municipal Auditorium and was walking down the basement stairs when she fell, according to a complaint filed May 15 in Kanawha Circuit Court.

Gibson claims the handicap bathrooms on the first floor were locked during the event, which meant patrons had to proceed to the basement to use the restroom.

When Gibson was proceeding to the basement to use the restroom, she fell and, upon falling, struck her head on a piece of metal, causing severe and permanent injuries, according to the suit.

Gibson claims the defendant's negligence and failure to unlock the restroom on the first floor caused her damages.

Charleston owed a duty to the public and its customers to maintain its facilities in a reasonable safe condition, according to the suit.

Gibson claims Charleston also had a duty of reasonable care to protect its customers from defective or dangerous conditions existing on its premises which it knew or reasonable should of known existed.

Charleston breached its duty to Gibson in that a hazard existed on its premises and caused Gibson injuries and damages, including medical expenses; mental anguish; pain and suffering; annoyance and inconvenience; and loss of enjoyment of life, according to the suit.

Gibson is seeking compensatory damages with pre- and post-judgment interest. She is being represented by G. Patrick Jacobs of the Law Offices of G. Patrick Jacobs.

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

Kanawha Circuit Court case number: 13-C-957


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