CHARLESTON — A man is suing an East Bank couple for injuries he sustained while working on their property.
Robert Kirk was invited by James King and Linda King to perform yard work at the King property on June 5, 2021, and when he arrived that day, he was instructed to trim the inclined bank that lead to the Kanawha River and the boat dock, according to a complaint filed in Kanawha Circuit Court.
Kirk claims James King did not provide any other directions or instructions other than to stay away from Linda King's garden. Kirk claims he advised the defendant he would have to step on the boat dock to trim some of the areas and James King told him the boat dock was secure.
However, when Kirk stepped on the boat dot, a metal grate failed and he fell through and hit his right forearm on part of the boat dock, according to the suit.
Kirk claims he was transported by ambulance to Charleston Area Medical Center and was diagnosed with an open Monteggia fracture to his right arm and had to undergo two surgeries and physical therapy for the injury.
The defendants breached their duties to the plaintiff by failing to maintain the premises in a reasonably safe condition according to the suit.
"As a direct and proximate result of the negligent actions and wrongful conduct of Defendants, Plaintiff was severely and permanently injured and has suffered other damages and expenses..." the complaint states.
Kirk is seeking compensatory and punitive damages. He is represented by Jordan K. Herrick of Bailey & Wyant in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-76