By Carol Ostrow | Aug 19, 2015

MOUNDSVILLE – A Marshall County couple is suing a public utility corporation in their municipal jurisdiction, alleging negligence in equipment maintenance and safety.

Bobby J. Bare and Triscella Bare of Moundsville filed a lawsuit July 24 against Marshall County Public Service District No. 4 of Moundsville in Marshall Circuit Court, alleging negligence in 2013 when they say Bobby Bare sustained injuries from the utility’s ill-maintained equipment.

According to the complaint, on Aug. 3, 2013, when Bobby Bare stepped on an improperly secured and partially concealed water meter lid on the edge of the Bares’ driveway, the loose cover shifted and he 2 to 3 feet through the opening, suffering a right inguinal hernia that ultimately required surgery in October 2013.

The suit states the utility failed to properly bolt or affix the plaintiffs’ water meter securely to ensure the general public would not fall or trip on it.

The suit says the defendant was in breach of duty to warn the plaintiffs of latent defects in the equipment and should have known about the conditions prior to the incident. Bobby Bare alleges medical bills in excess of $10,000, lost wages and loss of consortium.

The Bares seek compensatory damages, pre- and post-judgment interest, attorney fees and costs. They are represented by attorney Don Yannerella and Quan Le of Yannerella Law Offices in Wheeling. The case has been assigned to Circuit Judge David W. Hummel.

Marshall Circuit Court case number 15-C-135-H.

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