MOUNDSVILLE — A woman is suing Crystal's Real Estate Investments for injuries sustained at a property it owned and was rented by an individual.
Johnnie Wayne Allen, Crystal's Real Estate Investments, William Garamella and Crystal Garamella were all named as defendants in the suit.
Christine Erickson filed the lawsuit on her own behalf, as well as the administratrix of the estate of Dawson Edsill, who was a minor under the age of 18 at his death, which was unrelated to the incident at issue, according to a complaint filed in Marshall Circuit Court.
Erickson claims Allen showed her 16-year-old son how to use gunpowder to make bullets in June and July of 2021 and that Edsill lacked the maturity to fully understand the nature and risks of the gunpowder and its explosive nature.
“All the gunpowder explosives at issue were owned by Defendant Allen and or Defendant Allen had full complete custody and control over said gunpowder and other component parts,” the complaint states.
Allen owed Edsel a duty to explain all known risks and dangers of the Black Powder gunpowder and breached that duty by failing to advise of all known risks and failing to provide basic protective equipment for the safe handling of the gunpowder, according to the suit.
Erickson claims on July 7, 2021, Allen negligently and recklessly left his explosive gunpowder unsecured, unprotected and easily accessible and Edsill accessed the gunpowder and was injured when it exploded, giving him substantial second- and third-degree burns to his face, eyes, neck and shoulders.
Erickson claims the defendants were negligent and caused Edsill’s injuries.
Erickson is seeking compensatory damages. She is represented by Ronald W. Zavolta, Paul J. Ratcliffe and Michael P. Zavolta of Zavolta Law in Wheeling.
Marshall Circuit Court case number: 23-C-16