KINGWOOD – A judge has dismissed a lawsuit against the town of Albright because the plaintiff failed to appear for depositions and medical exams or submit paperwork.

Preston Circuit Judge Lawrance S. Miller Jr. wrote that, “although dismissal is recognized as a harsh remedy, it is justified in circumstances such as this where Plaintiff not only failed to prosecute his claims, but also failed to participate in the Defendants’ attempts to defend against [Harold Nicholson’s] claims, thereby preventing Defendants from progressing toward a resolution.”

The plaintiff has failed to prosecute his case and the court concluded that dismissal was appropriate.

Both the town and Mountaineer Gas Company agreed to waive any claim for fees and costs in view of the dismissal.

Nicholson sued in Preston Circuit Court in 2016. He claimed in June 2014, his foot caught in a gas meter box on the rear steps of town hall and he fell, injuring himself.

Nicholson claimed the defendants failed to maintain the rear steps in a reasonably safe condition at the time of his injury.

The plaintiff was represented by James Villanova and Michael E. Metro.

Albright was represented by Tiffany R. Durst of Pullin, Fowler, Flanagan, Brown & Poe.

Mountaineer Gas was represented by Matthew S. Casto and Callie E. Waers of Babst, Calland, Clements & Zomnir.

Preston Circuit Court case number: 16-C-100

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