CHARLESTON – A Charleston woman is suing the city after she fell at the Civic Center during a basketball game and broke her wrist.
Mary and John Fox filed the complaint in Kanawha Circuit Court against the City of Charleston, which owns and operates the Charleston Civic Center.
In the complaint, the couple says they were attending a sporting event on March 20, 2014, at the Civic Center. The West Virginia high school boys state tournament was being played that day.
Mary Fox says she fell from the stairs between Sections 119 and 121, causing her injuries that included comminuted fractures of her right distal radius.
She says her injuries were caused because the defendant failed to install readily discernible indicators, slip resistant materials or railings where her accident occurred. She says the stairs there “were comprised of atypical short risers and deep steps causing the stairs to appear as a ramp.”
As a result of her fall, Fox says she has suffered extreme physical pain and suffering, extreme mental anguish and suffering, permanent physical impairment, loss of wages and benefits, loss of future earning capacity and benefits, loss of capacity to enjoy life, medical expenses, annoyance, inconvenience, permanent scarring and disfigurement as well as other damages.
John Fox says he has suffered a loss of consortium and has been required to provide care and other services for his wife. He also says he has suffered emotional injuries.
The couple seeks compensatory and general damages, including pre- and post-judgment interest, annoyance, aggravation, inconvenience, attorney fees, court costs, expenses and other relief.
They are being represented by J. Kristofer Cormany of Cormany Law PLLC in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 16-C-265