PHILIPPI — A woman, through her power of attorney, sued Mountain Top Development alleging she was injured while on the defendant's property.
Phyllis Skidmore is the daughter of power of attorney for Dottie L. Singleton, a resident of Belington.
Singleton leased an apartment from Mountain Top Development and on Sept. 16, 2021, she was outside of the apartment and was ascending the steps of her front stoop in order to enter her residence when she attempted to use the handrail and it failed, according to a complaint filed in Barbour Circuit Court.
Singleton claims when the handrail failed, she fell to the ground and was injured. She claims she had severe and permanent injuries, including a fracture of her left femur that required surgery to reduce it and the hardware to fix it in place.
The top of the handrail was made entirely of one-by-six boards lain flat, which is difficult for a normal person to grip, according to the suit.
Singleton claims the railing was constructed so that there was a large gap between it and the walking surface, making it such that it was further than reasonable for a person using the steps to reach and the entire handrail structure was not fastened to the walking surface.
Singleton, through Skidmore, is seeking compensatory and general damages with pre- and post-judgment interest. He is represented by T. Keith Gould of The Miley Legal Group in Clarksburg.
In her first set of combined discovery requests to the defendant, Singleton requests the defendants admit their negligence was the sole cause of her injuries and that during its ownership of the structure in which the plaintiff was a tenant it was aware that her stoop and handrail were not up to code.
"Please ADMIT that the Defendant was given warnings about the safety of the handrails leading to the Plaintiff's unit, and other similar units, prior to the Plaintiff's fall and injuries," she requests.
Singleton seeks for the defendant to admit that at no time prior to her fall did the defendant inspect the premises for safety issues or code worthiness.
Barbour Circuit Court case number: 23-C-33
