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Thursday, March 28, 2024

Couple sues Cabell Huntington Hospital for tripping hazard that caused injuries

State Court
Cabellhuntington

HUNTINGTON — A Lincoln County couple is suing Cabell Huntington Hospital claiming negligence that caused an injury.

Melanie McDaniel was at Cabell visiting her husband, Don McDaniel, on March 13, 2020, who had undergone surgery on his left shoulder the day before and was in the Intensive Care Unit, according to a complaint filed in Cabell Circuit Court.

The McDaniels claim during the visit, Melanie McDaniel went to the public restroom on the ICU floor, when she tripped on the abrupt beveled threshold while exiting the bathroom and was injured.

The defendant constructed the threshold in direct violation of federal and state building codes and industry standards, according to the suit.

The McDaniels claim Melanie McDaniel suffered a fracture of the ankle and a dislocation of her right talus that required surgery.

"Defendant had a duty to properly maintain its premises and to warn the public, including Plaintiffs, of the unsafe and hazardous conditions it created by its own negligent construction of the threshold of the bathroom that caused Plaintiff's fall," the complaint states.

The McDaniels claim the defendant had a duty to properly maintain its premises and failed to do so.

The defendant knew or should have known that the hazardous condition was present, unsafe and negligently created and maintained, according to the suit.

"Because the abrupt beveled threshold was virtually undetectable Defendant could not have reasonably believed that Plaintiff would have discovered the tripping hazard and realized the danger presented by its mere presence in the narrow doorway of the subject bathroom," the complaint states.

The McDaniels are seeking compensatory damages with pre- and post-judgment interest. They are represented by Richard E. Holtzapfel of Holtzapfel Law Offices in Hurricane.

The case is assigned to Circuit Judge Gregory L. Howard Jr.

Cabell Circuit Court case number: 22-C-95

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