CHARLESTON — A Kanawha County woman is suing Eagle View Properties alleging she was injured at an apartment complex due to a defective porch railing.
Rabel Development, Allen Bell Properties, EAB DMM, and 15 unknown and unnamed companies, corporations and individuals were also named as defendants in the suit.
Cassie Milam was a guest at Eagle View Luxury Apartments in Charleston on Nov. 18, 2019, and was at an apartment on the second floor when she leaned onto the railing and was caused to fall 15 to 20 feet to the ground below, according to a complaint filed in Kanawha Circuit Court.
Milam claims the railing broke and caused her to fall, according to the suit.
The defendants owed a duty of reasonable care toward visitors to properly construct, maintain and/or repair railing at the apartment complex in accordance with state and local ordinances and codes, according to the suit.
Milam claims the defendant knew or should have known that the railing of the balcony affixed to the apartment was done so in an unsafe manner and in violation of state and local building codes.
"Despite the knowledge that the railing of the porch affixed to the apartment was constructed, maintained and/or repaired in an unsafe manner and in violation of state and local building codes, ordinances and/or industry standards, the Defendants did nothing to repair or replace the unsafe railing of the balcony prior to the incident herein that caused the Plaintiff's injuries," the complaint states.
Milam suffered fractured L1 vertebrae and other injuries to her neck, right arm, right shoulder and lower back.
Milam is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Chad Hatcher of Hatcher Law Office in Huntington.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-1007