Lawsuit against Charleston over fall down stairs settled

CHARLESTON - A lawsuit involving a woman who fell down a flight of stairs at the Municipal Auditorium in Charleston has been dismissed.

On Oct. 12, an Order of Voluntary Dismissal was filed in Kanawha Circuit Court stating that Lucie A. Mellert and William J. Mellert and the City of Charleston fully settled and compromised and jointly moved to dismiss the matter with prejudice.

On March 22, 2009, Lucie Mellert was attending an event at the Municipal Auditorium and was walking down the balcony stairs when she fell, according to a complaint filed March 16, 2011, in Kanawha Circuit Court.

Lucie Mellert claimed the balcony stairs were a hazard because they did not have proper handrails or lighting that would have allowed her to avoid falling.

The defendant had a duty of reasonable care to protect Lucie Mellert from dangerous conditions existing on its premises, according to the complaint.

The Mellerts were seeking compensatory damages. They were being represented by Shawn R. Romano of Romano & Associates.

The City of Charleston was represented by Karen Tracy McElhinny of Shuman, McCuskey & Slicer PLLC.

The case was assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-429