NEW CUMBERLAND – A Weirton man says he was injured when he stepped in a pothole in a parking lot of a business.
Phillip Cutone Jr. filed his complaint in Hancock Circuit Court against Busy Beaver Building Centers Inc. and Weirton Realty Associates LLC.
According to his complaint, Cutone was visiting the Busy Beaver location at 290 Three Springs Drive in Weirton. When he exited his vehicle, he says he stepped into a large pothole in the parking lot. He says he sustained severe and disabling injuries.
He says the defendants failed to conduct a reasonable inspection of the premises, failed to maintain its premises and parking lot, failed to correct the hazardous condition and failed to warn plaintiff and others of dangerous conditions.
Cutone says he was forced to seek medical attention, incur medical expenses, will incur pain and suffering, mental anguish, aggravation, inconvenience, loss of enjoyment of life, loss of ability to function as well as medical and other expenses.
He seeks compensatory damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
Cutone is being represented by Kevin M. Pearl of Frankovitch Anetakis Colantonio & Simon. The case has been assigned to Circuit Judge Michael J. Olejasz.
Hancock Circuit Court case number 20-C-28