Berkeley Co. couple sued over deck after boy's alleged fall

MARTINSBURG – The father of a boy allegedly injured while swimming at a friend’s house is suing the friend’s parents.

Daniel Johnson filed a lawsuit on behalf of Tyler Johnson on June 21 in Berkeley County Circuit Court against Jarrett and Tina Jones. It says the Joneses had a duty to ensure Tyler was aware of and able to avoid hazards at their residence.

On June 26, 2011, Tyler was a guest at the Joneses’ house when he and his friends decided to swim in the above-ground pool, the complaint says.

The defendants had full knowledge that Tyler and his friends planned to swim, the suit says.

However, around the pool was a deck that was not fully constructed, Johnson says. There were portions of the deck where floor boards were missing and floor joints were exposed, he claims.

“It was difficult to gain access to the pool itself without utilizing the decking surrounding the pool, a fact known to the defendants while Tyler Johnson and others were swimming in Defendants’ pool,” the complaint says.

When he exited the pool, Tyler fell between two floor joints and suffered injuries to his neck and face, the suit says.

Tyler suffered embarrassment, mental anguish, pain, suffering, scarring, loss of enjoyment of life and annoyance and inconvenience, the complaint says.

The plaintiff is represented by Joseph Ferretti of Martinsburg’s Hammer, Ferretti & Schiavoni.

The case has been assigned to Judge Gray Silver III.

Berkeley Circuit Court case number 13-C-458