Woman blames Cabell County Commission, City of Huntington for injuries

By Kyla Asbury | May 29, 2013

HUNTINGTON - A woman who allegedly tripped on uneven payment is suing the Cabell County Commission and the City of Huntington for her injuries.

On June 3, 2011, Margaret McMillan was returning to her vehicle after visiting the Cabell County Courthouse and was walking on the sidewalk when she fell as a result of uneven pavement, according to a complaint filed May 23 in Cabell Circuit Court.

McMillan claims under West Virginia Code, political subdivisions are liable for injury, death or loss to persons or property caused by their negligent failure to keep public roads, highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts or public grounds in repair or free from nuisance.

The defendants negligent maintenance in failing to properly maintain the sidewalk adjacent to its property created an unsafe condition, which caused McMillan's injuries, according to the suit.

McMillan claims the Cabell County Commission and the City of Huntington's negligence caused her to be permanently injured and disabled.

The defendants' actions caused McMillan to suffer damages, including permanent physical injury; medical expenses; mental anguish; pain and suffering; annoyance and inconvenience; and loss of enjoyment of life, according to the suit.

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

The case has been assigned to Circuit Judge Paul T. Farrell.

Cabell Circuit Court case number: 13-C-356

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