According to the complaint, on August 2, 2022, Rosalie Kovalyk was at the defendants' property for business purposes when she tripped over a section of raised pavement. This resulted in injuries to her knees and other parts of her body. The plaintiff alleges that the defendants failed to maintain the sidewalk in a safe condition or warn patrons about the dangerous condition.
Kovalyk claims that as a result of her fall, she has incurred medical expenses and lost wages and continues to suffer from physical pain and emotional distress. Some of her injuries she believes will be permanent. She asserts that other individuals had previously fallen in the same area, indicating that the defendants were aware of the hazard but did not take corrective action.
Ms. Kovalyk has filed a lawsuit against Medovic Enterprises, LLC and M & S Rentals, LLC, in the Circuit Court of Ohio County, West Virginia and later moved to the US District Court - Northern District of West Virginia. The case ID is CC-35-2024-C-74, and it was filed on April 12, 2024. Jeremy McGraw of Gold, Khourey & Turak represents Ms. Kovalyk.
The plaintiff seeks judgment against both defendants for compensatory damages exceeding the court's jurisdictional limits. She also requests coverage for legal costs and reasonable attorney fees.