West Virginia Record

Monday, April 6, 2020

Woman sues Charleston Civic Center following fall


By Kyla Asbury | Jul 31, 2019


CHARLESTON — A woman is suing the Charleston Civic Center after she claims she was injured on its property.

Civic Center/Auditorium Board of the City of Charleston Inc. and Frank Productions LLC were named as defendants in the suit.

Sheila Faye Toler was a patron of the civic center on Feb. 11, 2017, to see a Brantley Gilbert concert, when she fell over a raised obstruction, which was crossing the aisle, according to a complaint filed in Kanawha Circuit Court.

Toler claims she was proceeding to walk down the aisle when she tripped over the obstruction and fell. She claims she suffered injuries because of the defendants' negligence.

"Upon information and belief, the same trip hazard obstruction that caused Plaintiff's fall and injuries had tripped several other patrols earlier during the concert," the complaint states.

The board retained substantial control of its premises during the concert and was negligent and careless in failing to maintain the area in a safe condition and allowing the unsafe obstruction to exist, according to the suit. The board was also negligent in permitting Frank Productions to place the unsafe obstruction in the aisle way, according to the suit.

Frank Productions was negligent and careless in failing to maintain the area where Toler fell in a safe condition and failed to provide proper lighting in the area, according to the suit. Toler claims Frank Productions also failed to warn her and others of the hazard created by the obstruction.

Toler claims she suffered a displaced fracture of the right femur, as well as medical expenses; physical pain and suffering; mental anguish and suffering; emotional distress; annoyance and inconvenience; and loss of capacity to enjoy life.

Toler is seeking compensatory damages. She is represented by Charles Johnstone II of Johnstone & Gabhart.

Kanawha Circuit Court case number 19-C-117

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City of Charleston