Woman sues Oakwood Terrace Apartments for injuries from fall

By Kyla Asbury | Jun 14, 2013

CHARLESTON - A woman is suing Kanawha Valley Homes Inc. for injuries she sustained when she allegedly fell while walking up the stairs.

Kanawha Valley Homes is doing business as Oakwood Terrace Apartments.

Oakwood Terrace Apartments was also named as a defendant in the suit.

On Aug. 21, 2011, Kristy Brooks was attempting to walk up the stairs in order to use the bathroom of her tenement when she fell and severely and permanently injured her back, according to a complaint filed May 30 in Kanawha Circuit Court.

Brooks claims she was recovering from the physical and mental affects from a gunshot wound when she was attempting to walk up the stairs and fell.

The direct and proximate cause of the fall was the fact that the railing system that was attached to the upper end of the staircase detached from the wall, which affected Brooks' balance and made her fall, according to the suit.

Brooks claims upon inspection of the area of detachment of the railing system, it was discovered that different or improper screws were placed, not within an appropriate anchor, but rather directly within the drywall all from a previous failure of the railing system.

As a result of the defendants' breach of duty owed to Brooks, she suffered pain and loss of enjoyment of life and has otherwise been adversely physically, emotionally and mentally affected by the physical injuries, according to the suit.

Brooks is seeking compensatory and punitive damages. She is being represented by Henry E. Wood III of Wood Law Office LC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-1041

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