Woman says Old Colony Company responsible for injuries

By Kyla Asbury | Aug 15, 2013

CHARLESTON - A woman is suing Old Colony Company and the owners of a residential property who allegedly caused her injuries.

On Feb. 2, Tammy Scarberry and her husband drove Old Colony Company agent Drema Davis to inspect a residential property listed for sale with Old Colony, according to a complaint filed July 26 in Kanawha Circuit Court.

Scarberry claims the residential property was owned by Robert V. Hagerman and Robyn R. Hagerman and upon arriving at the property and exiting her car, she slipped and fell on the driveway payment.

When Scarberry fell, she broke her leg, ankle and foot and injured muscle tissue, according to the suit.

Scarberry claims ice and snow had accumulated for several days prior to the fall.

After the fall, Scarberry was taken to General Thomas Hospital, where she was examined, treated and placed in temporary splints and was later forced to undergo two surgeries, according to the suit

Scarberry claims her harm was foreseeable by the defendants and the defendants failed to keep the entries and exits safe and free of hazards.

The defendants' actions and omissions toward Scarberry were negligent, willful, wanton and/or intentional in failing to maintain the listed property in a reasonable safe condition; failing to exercise due care in maintenance and inspection of the premises; failing to adequately train personnel in the appropriate methods to inspect and maintain the premises; failing to warn of hazards with the defendants knew or should have known; failing to exercise due care; and other acts and omissions, according to the suit.

Tammy Scarberry was on the Hagermans residential property when she slipped and injured her leg, ankle and foot.

Scarberry is seeking compensatory damages. She is being represented by James A. McKowen of James F. Humphreys & Associates.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-1401

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