Flaherty Secures Dismissal and Jury Defense Verdict for Clarksburg Public Entities

Flaherty attorneys Lexus D. Allen and Tiffany R. Durst secured a defense victory for the City of Clarksburg and the Clarksburg Water Board in a personal injury action involving an alleged fall into an uncovered manhole. The City was dismissed before it reached the jury, and after about 20 minutes of deliberation, the jury returned a defense verdict for the Water Board.

The plaintiff alleged that he was clearing vegetation and overgrown brush on another individual's property when he fell into an uncovered manhole. He claimed the manhole belonged to the Clarksburg Water Board and was located within a City of Clarksburg utility right-of-way.

Both defendants denied responsibility. Although the City and Water Board are separate entities with different responsibilities for local utility infrastructure, the plaintiff sought to hold them responsible for the manhole's condition. The Water Board had no records showing that it had ever provided water service in the area, and the manhole lid contained no markings identifying it as Water Board property.

The plaintiff alleged a permanent injury to his left thumb, including a ruptured extensor pollicis longus tendon that he claimed would require surgery.

Following the plaintiff’s presentation of evidence at trial, Allen and Durst moved for judgment as a matter of law on behalf of both defendants. The Court granted the motion for the City, finding insufficient evidence to submit the claim against it to the jury.

The case proceeded against the Water Board. After approximately 20 minutes of deliberation, the jury returned a complete defense verdict, finding that the Water Board did not own, control, or possess the manhole at issue.

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