WINFIELD – A woman is suing the owners and lessors of a certain Hurricane townhouse over injuries a man sustained when he fell on the townhouse's stoop, claiming the fall was a result of negligence.
Linda S. Browning, executrix of the estate of Warren R. Hodges, filed a complaint Sept. 11 in Putnam Circuit Court against Philip Graziano, Teays Valley Townhomes, and McGrew Properties Trust, alleging negligence and gross negligence.
According to the complaint, on Sept. 13, 2013, Hodges was on the front stoop/stairs of a residence he was allowed to live in, leased by Kimberly Bishop, at 24 Carriage Way in Hurricane, when he fell due to the stoop having no handrails.
The complaint states the stoop at one time had handrails, evidenced by eight sets of anchor holes, and that Kimberly Bishop, lease-owner of the townhouse in question, had made several requests to the defendants to install handrails on the stoop.
The complaint states the defendants were negligent in failing to maintain the property in a reasonably safe condition and for creating a dangerous and hazardous condition on the property.
As a result, Hodges sustained a fractured hip and femur, as well as physical pain and suffering, mental anguish, emotional distress and anxiety, medical expenses, and other damages.
The plaintiff seeks damages, general and otherwise, plus interest, attorney fees, and costs of the suit. The plaintiff is represented by S. Brooks West II and Jeffrey A. Foster of West Law Firm in South Charleston.
The case has been assigned to Circuit Judge Joseph Reeder.
Putnam Circuit Court case number 15-C-220