CHARLESTON – A Nitro woman is suing the city and the Kanawha County Board of Education after she tripped on the sidewalk and was injured

On May 24, 2014, Debra Johnston was walking on the sidewalk adjacent and surrounding Nitro High School and, as a result of the condition of the sidewalk, she fell and injured her left wrist/forearm, according to a complaint filed Jan. 4 in Kanawha Circuit Court.

Johnston claims the defendants had a duty to maintain its premises at Nitro High School, including adjacent parking lots and sidewalks, in a reasonably safe condition for the general public to travel on.

The board and its employees failed to maintain the premises in a reasonably safe condition and failed to warn the general public of the unsafe conditions on the premises, according to the suit.

Johnston claims the defendants also failed to take the necessary steps or actions to repair the condition of the sidewalks when they knew they were in an unsafe condition and failed to properly inspect the area for unsafe conditions.

As a direct and proximate result of the negligence, recklessness and carelessness of the defendants, Johnston was caused to be physically injured and was caused to suffer great pain of body and mind, loss of enjoyment of life, lost wages, lost earning capacity and other impairments and disabilities, according to the suit.

Johnston claims the city failed to warn the general public of the unsafe condition and failed to properly inspect the area for unsafe conditions.

The defendants’ reckless, willful, wanton and malicious conduct and/or violation of West Virginia law, Johnston also incurred medical expenses and sustained impairment in her capacity to enjoy life, according to the suit.

Johnston is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Jeffrey T. Jones of the Law Offices of Jeffrey T. Jones PLLC.

Kanawha Circuit Court case number: 16-C-1

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