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WEST VIRGINIA RECORD

Tuesday, June 25, 2024

Woman blames Embassy Suites elevator for broken foot

State Court
Otis

CHARLESTON – A woman says her foot was crushed by a faulty elevator door at the Embassy Suites in Charleston.

Melissa Tate filed her complaint May 13 in Kanawha Circuit Court against Tucson Charleston LLC doing business as Embassy Suites by Hilton Charleston.

According to the complaint, Tate was attending a birthday celebration at the hotel December 17, 2023. While using an elevator at the hotel, Tate says she noticed the elevator beginning to malfunction as she was trying to exit.


Cary | Courtesy photo

“While attempting to escape, the plaintiff’s body was forcibly crushed by the elevator doors,” the complaint states. “Plaintiff Tate required medical treatment following the incident at Charleston Area Medical Center Women’s and Children’s Hospital … for complaints of right foot pain due to a crush injury.”

The complaint says Tate suffered a medial sesamoid bone fracture of her right foot. She says she had multiple x-rays, numerous sessions of physical therapy and experienced episodes of anxiety. She also says she likely will need further medical attention to ensure proper healing of the broken bone and related complications.

Tate accuses the hotel of negligence, and she also filed a premises liability claim against the company. She seeks compensatory damages, punitive damages, consequential damages, derivative damages, general damages, pre- and post-judgment interests, court costs, attorney fees and other relief.

She is being represented by Michael M. Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.

Kanawha Circuit Court case number 24-C-579

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