LOUISA – Darla and Wilbur Kirk, residents of Lovely, Kentucky, have
reached an out-of-court settlement with owners of the Louisa Plaza regarding
alleged injuries to Darla Kirk from a fall which, according to the complaint
filed in the Lawrence Circuit Court, occurred on October 23, 2009 when
they were leaving a business at the plaza.
According to the complaint, as Darla Kirk was leaving a restaurant at the plaza and while she "was exercising due care for her own safety" she stepped onto a "yellow pedestrian handicap ramp" and that she fell and sustained serious bodily injury. According to the complaint, "the ramp was very slick due to the type of paint" and that her fall resulted from the improper surface.
The fall and Kirk's resultant serious injuries resulted from, the complaint alleged, "failure to properly supervise or inspect the pedestrian ramp as it was being painted or after it was painted."
The complaint alleged that the "negligent acts and omissions by Defendants were the proximate cause of Darla Kirk's injuries."
The Kirk case, prosecuted by Kyle Salyer of Kirk Law Firm, alleged damages
to both Darla Kirk and her husband, Wilbur Kirk, and was set for trial
in the Lawrence Circuit Court, but the trial was cancelled after the case
was settled at mediation. Details of settlement were not available. The
plaza was represented by Jones Law Office of Paintsville.
"Out of consideration for the privacy of everyone, we cannot comment on the details of settlement," John Kirk said. "I can say that Darla Kirk received serious injuries which have caused her lots of medical expenses and lots of other issues and that the parties reached a fair and just settlement."