CHARLESTON — A couple is suing Marshall University Research Corporation alleging injury while at the defendant's place of business.
Marshall University Board of Governors was also named as a defendant in the suit.
The defendants are doing business as the Child Development Academy at Marshall University.
Gabriel S. Trimble was working as part of an after-hours cleaning crew employed by Atlalian Global Services, according to a complaint filed in Cabell Circuit Court.
Trimble claims he was performing custodial work on the premises on Oct. 4, 2021, and was working when one or more rabbits escaped from the enclosure and he was chasing the rabbit to catch it and put it back up when he stepped on a small unsecured foam mat and slipped and fell.
"The impact resulted in a comminuted patellar fracture with tendon injuries, which then led to complications including a Saddle Pulmonary Embolism, which resulted in weeks of intensive care and months of rehabilitation," the complaint states.
Joseph Emerson is Trimble's spouse and suffered a loss of consortium as a result of Trimble's injuries.
The plaintiffs are seeking compensatory damages. They are represented by Thomas P. Boggs of Duffield, Lovejoy & Boggs in Huntington.
The case is assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 23-C-334