CHARLESTON - A man is suing the West Virginia Division of Highways for injuries he allegedly suffered while on a bicycle.
On June 21, 2011, Jeffrey Lewis was riding his bicycle across land owned by the defendant when he struck a deep hole concealed by weeds and grass that had overgrown around the hole, according to a complaint filed July 17 in Kanawha Circuit Court.
Lewis claims the defendant's property did not display any signage indicating that members of the public were prohibited from crossing the property.
The hole was not a natural condition of the land and, in addition to pain and suffering, Lewis' injuries caused him to miss several days of work and suffered pecuniary losses as a result, according to the suit.
Lewis claims the defendant had a duty to keep its property in repair and free of nuisance so that non-trespassing users of the property would not be injured.
As a direct and proximate result of the defendant's negligence, Lewis suffered damages, including bills and costs for medical care and treatment; lost income; pain; mental anguish and distress; annoyance; aggravation; inconvenience; loss of enjoyment of life; and various sundry and other damages, according to the suit.
Lewis is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Harry F. Bell Jr. and Jonathan W. Price of the Bell Law Firm PLLC.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 13-C-1335