West Virginia Record

Friday, September 20, 2019

Red Deer Apartments tenant alleges leg went through floor of unit

State Court

By Carrie Bradon | Sep 10, 2019


WINFIELD – A tenant of a Hurricane apartment building has filed suit against its owner after her leg allegedly went through the bathroom floor of her unit.

Jessica Elaine Roberts filed a complaint in Putnam Circuit Court against Konisgsberg-Red Deer LLC, doing business as Red Deer Apartments, alleging negligence.

The suit states that the plaintiff entered into a rental agreement to lease an apartment at the defendant's facility on Dec. 21, 2018. The plaintiff alleges she contacted the defendant with concerns about the condition of the bathroom floor on Dec. 27, 2018, but the defendant assured the plaintiff that there was nothing wrong. The plaintiff alleges she was in the bathroom on Jan. 15 when her leg fell through the floor and she had to contact emergency services to remove her from the floor.

The plaintiff alleges the defendant breached its duty to maintain the apartment in a safe condition.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Mark A. Barney of Barney Law PLLC in Hurricane and David R. Barney Jr. of Thompson Barney in Charleston.

The case has been assigned to Judge Phillip Stowers.

Putnam Circuit Court case number 19-C-146

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