CHARLESTON – EAN Holdings has denied all allegations against it in a lawsuit filed by a man who fell on the sidewalk in front of its Charleston storefront.
EAN Holdings argued that the acts or omissions of the plaintiff proximately caused or otherwise contributed to his alleged injuries and damages and constitutes comparative fault or comparative negligence on his part, according to the Dec. 20 answer to the plaintiff's complaint.
EAN contends that the plaintiff is barred from recovery under the doctrine of assumption of risk and that he voluntarily accepted a known and obvious risk and that it breached no duty to the plaintiff.
EAN is seeking for the complaint to be dismissed, as well as costs of its defense.
Joseph Huff filed the lawsuit in Kanawha Circuit Court against EAN Holdings, doing business as Enterprise Rent-A-Car, in November before it was removed to U.S. District Court for the Southern District of West Virginia at Charleston in December.
Huff claims he was walking on the sidewalk owned, operated, maintained and/or controlled by EAN on Jan. 26 in Charleston when he slipped and fell due to black ice.
The plaintiff believes that EAN had a duty to examine its premises for unsafe or dangerous conditions and failed to do so, according to the suit. Huff claims the ice was a slipping hazard and the hazard was not open or obvious to visitors of the property.
Huff suffered from a loss of enjoyment of life, as well as great pain of body and mind and physical impairments and disabilities because of the fall, according to the suit.
Huff is seeking compensatory damages with pre- and post-judgment interest. He is represented by Charles M. Love IV of The Love Law Firm.
EAN is represented by Evan R. Kime of Jackson Kelly.
U.S. District Court for the Southern District of West Virginia case number: 2:19-cv-00902
