MOUNDSVILLE—A Marshall County couple is suing a public utility corporation in their municipal jurisdiction claiming negligence in equipment maintenance and safety in 2013.
Bobby J. Bare and Triscella Bare of Moundsville filed a lawsuit against Marshall County Public Service District No. 4 of Moundsville in Marshall Circuit Court July 24, asserting negligence in August 2013 when Bobby allegedly sustained injuries from the utility’s ill-maintained equipment.
The complaint states that when Bobby Bare stepped on an improperly secured and partially concealed water meter lid located on the edge of the Bares’ driveway on or about Aug. 3, 2013, the loose cover shifted and he allegedly fell two or three feet through the opening, suffering a right inguinal hernia that ultimately required surgery in October 2013.
The suit states that the utility failed to properly bolt or affix the plaintiffs’ water meter securely to ensure that the general public would not fall or trip on it.
According to the grievance, 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.
The plaintiff claims medical bills in excess of $10,000.00, lost wages and loss of consortium.
The couple seeks compensatory damages, pre- and post-judgment interest, attorneys’ fees, and costs.
The plaintiffs are represented by Don Yannerella and Quan Le of Yannerella Law Offices in Wheeling. The case has been assigned to Judge David W. Hummel.
Marshall Circuit Court case number 15-C-135-H
