WAYNE – The City of Kenova filed an answer in the lawsuit alleging negligence at Dreamland Pool that lead to injuries. Kenova denied the allegations.

Kenova said it denies that it is liable to Erma D. Van Horn in any amount for any reason, according to the answer to the complaint.

Kenova is asking that the plaintiff’s complaint be dismissed.

Van Horn filed a complaint May 3 in Wayne Circuit Court against Kenova alleging breach of statutory duty to keep its public areas free from nuisance.

On March 31, 2015, Van Horn was in the parking lot of Kenova's Dreamland Pool facility.

While walking through the grassy area, Van Horn stepped into a knee-deep hole with her right foot, according to the suit.

Van Horn claims she sustained a fracture to her right ankle which required surgery.

Kenova negligently failed to inspect and correct the defective condition and to warn visitors about such defects, according to the suit.

Van Horn is seeking compensatory damages. She is being represented by Michael C. Walker of Cyrus, Adkins & Walker.

Kenova is represented by R. Carter Elkins and Tyler Beckett Smith of Elkins Ray.

Wayne Circuit Court case number 17-C-084

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Wayne Circuit Court
700 Hendricks Street
Wayne, WV - 25570

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