CHARLESTON — The defendant in a case alleging injuries from black ice wants a Kanawha circuit judge to dismiss the lawsuit, contending the plaintiff failed to state a claim upon which relief can be granted.
WV 2020 Holding LLC argued it owed no duty to the plaintiff and did not breach any duty owed to the plaintiff and acted in accordance with the applicable standard of care, according to an answer filed on March 20 in Kanawha Circuit Court.
"WV 2020 Holding LLC exercised due care and diligence in all the matters alleged in Plaintiff's Complaint, and no act or omission by WV 2020 Holding LLC was the proximate cause of any damage, injury, or loss to Plaintiff," the answer states.
The defendant argues that it did not act willfully, wantonly or maliciously.
In the complaint, Michael Sydenstricker claimed WV 2020 Holding is responsible for making sure the Greenbrier Garden Apartments complex is safe and free of dangerous conditions, according to a complaint filed in Kanawha Circuit Court.
Sydenstricker claims over the past several years, the condition of the premises deteriorated and the defendants have failed to control water in the parking area, which creates black ice and dangerous and unsafe conditions.
The water draining in the area drains across the parking area rather than being diverted along and around that area, according to the suit.
Sydenstricker claims in February 2021, he slipped and fell on black ice in the parking area and suffered severe and permanent injuries.
Sydenstricker's injuries included being confined to a wheelchair for a lengthy period of time, according to the suit.
The defendants have not provided reasonable and safe access for the plaintiff to enter and exit his apartment and the plaintiff requested the defendants change his residence to another apartment that was more accommodating with his current disabilities and wheelchair confinement, but the defendants refused, according to the suit.
Sydenstricker is seeking compensatory and punitive damages. He is represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
The defendant is represented by Stuart A. McMillan and J. Tyler Barton of Bowles Rice in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-9