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Martinsburg Couple files personal injury suit over unsafe conditions

MARTINSBURG--  A Martinsburg couple have filed a personal injury lawsuit based on injuries sustained from unsafe conditions at a local business.  In a one count complaint, Walter and Mary Hersh allege that on October 9, 2009, at approximately 10:50 a.m. plaintiff Walter Hersh was leaving Second Time Around located in a shopping plaza owned by defendant Ralph Eckenrode.  After leaving the business, Hersh began to descend eight exterior wooden stairs to the parking lot below.  Hersh fell forwardard, landing on his sholder and head at the bottom of the stairs in the parking lot below.  

Hersh was taken by ambulance to the Emergency Room in Martinsburg where he was diagnosed with an acute subarachnoid and subdural hemorrhage and was then transferred to Winchester Medical Center.  Hersh was admitted to the intensive care for observation and testing. 

On October 14, 2009, Hersh was transferred from Winchester Medical Center to Heartland of Martinsburg until December 2009 when he was discharged to his home where he requires around the clock medical assistance. 

The Plaintiffs contend that Defendant Eckenrode owed a duty of care to the plaintiff and to other members of the public to maintain the stairs on which the plaintiff fell in a safe and non-defective condition.  Plaintiff further contends that Defendant Eckenrode breached the duty of care owed by failing to maintain the steps in a safe condition and non-defective conditions including, but not limited to, the defendant's failure to have one or more handrails attached to the steps.    The failure to have handrails on the steps violates Martinsburg City Code and constitutes negligence per se.

As a direct and proximate resule of the defendant's negligance, Plaintiffs contend that they have and continue to suffer severe and permanent bodily injury, physical impairment, as well as emotional and mental distress, and has incurred and will continue to incur medical expenses. 

Plaintiffs are represented by Martinsburg attorney Harry P. Waddell

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