CHARLESTON — A Charleston woman is suing Housing Innovations Corporations for injuries she sustained while walking her dog when she tripped on uneven pavement.
Charleston Replacement Housing LP #1 was also named as a defendant in the suit.
Nancy Charlton was living in her home in Charleston pursuant to a lease agreement with Housing Innovations Corporation and was walking with her daughter and her dog on May 22, 2020, when she tripped and fell and broke her left arm due to an unseen change in the level of the ground in a poorly lit area, according to a complaint filed in Kanawha Circuit Court.
Charlton claims the defendant owed a duty of care to keep the premises in good repair to prevent people from being injured and was given notice prior to the fall regarding the need for a light.
"The Defendants knew or should have known that the lighting and surface area was defective and hazardous if not maintained," the complaint states. "The Defendant owed a duty of care to the people that walk on its common area to keep it in a manner that does not allow hazardous conditions to develop and then not repair them."
Charlton claims the defendants were negligent in failing to take care of the property and failing to add lighting.
"As a direct and proximate result of the negligence and carelessness of the Defendants, the Plaintiff was injured and has undergone medical treatment; has incurred medical expenses and will continue to incur medical expenses in the future; has endured pain and suffering, both in the past and in the future; and the Plaintiff has in the past suffered annoyance, aggravation and mental anguish and will continue to do so in the future," the complaint states.
Charlton is seeking compensatory and special damages. She is represented by Kevin P. Davis of Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-152