A parent blames a construction company for injuries suffered by a child.
The parent, identified only as A. McGee, filed the complaint in Kanawha Circuit Court against P and L Enterprises.
According to the complaint, the child was injured July 26, 2022, after slipping and falling in a large area of mud, wood and moss while running from a bee at the family's residence in Cross Lanes. The fall resulted in a lower left tibia fracture.
The plaintiff says unsafe conditions at the rented residence had been reported to the defendant landlord prior to the incident but no corrective measures had been taken. Following the fall, the child underwent surgery and about 30 sessions of physical therapy. Further medical intervention is anticipated due to potential complications from the injury.
The defendant is accused of negligence, negligent infliction of emotional distress and premises liability.
The plaintiff seeks compensatory damages, attorney fees, court costs and other relief.
The plaintiff is being represented by Michael M. Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-59