CHARLESTON — A woman is suing SBC Properties for injuries sustained from a fall down the stairs at her apartment building.
Brett Clutters and Staci Clutters were also named as defendants in the suit.
Diana Campbell was a tenant living in a Nitro apartment complex and was walking down the wood-decked steps on the outside of the premises on May 11, 2021, according to a complaint filed in Kanawha Circuit Court.
Campbell claims while walking down the steps, she attempted unsuccessfully to grasp the wood handrail and fell down the steps, landing on the concrete.
The wood handrail on each side of the wood decked steps consisted of two 4x4 timber posts, with a 1x6 timber mounted on top of the two 4x4 timber posts, essentially flush with the inside of the 4x4 posts, with a 2x4 timber mounted on the outside of the 4x4 timber posts.
Campbell claims the construction of the handrail was defective and was too wide, which left no space or insufficient space for her to grasp the handrail.
The wood steps and handrail were integral components of Campbell's path to the residence, according to the suit.
The defendants breached their duty to exercise ordinary care to keep their premises in a safe condition and failed to fix hidden dangers and/or defects on the property, including the oversized handrail, according to the suit.
Campbell claims the defendants were negligent and failed to advise tenants and invitees of the existence of a barrier to prevent injury to them.
"Defendants breached their duty to construct a properly graspable handrail on the subject steps," the complaint states.
Campbell claims the defendants were grossly negligent and reckless.
Campbell is seeking compensatory and punitive damages. She is represented by Nathan J. Chill of Poca.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-887
