This branch of United Bank at the Grand Central Mall in Vienna is where a Parkersburg woman in 2006 alleges she injured herself after falling unexpectedly. In a lawsuit she filed with her husband, Hubert, Mary Miller is asking for $3 million in damages for the injuries she allegedly sustained. The absence of specifics that lead to Miller's injuires coupled with their demand for a multi-million dollar award has prompted West Virginia Citizens Against Lawsuit Abuse to call the suit "legal extortion." (Photo by Lawrence Smith)

Cohen

PARKERSBURG - A Wood County couple is asking for $3 million in damages they allege they sustained while in the branch of one of the state's largest financial institutions.

And that, says a statewide legal organization, would make Willie Sutton proud.

On Jan. 16, Mary L. and Hubert G. Miller, of Parkersburg, filed suit against United Bankshares Inc. and United Bank Inc.

With dual headquarters in Charleston and Washington, D.C., United Bankshares is the parent company of United Bank, whose main branch and principal office is located on Market Street in Parkersburg.

In their complaint and suit, filed with the assistance of Parkersburg attorney Dean A. Furner, Mary alleges she went to conduct business at United's branch at the Grand Central Mall in Vienna. While speaking with a United representative, Mary unexpectedly fell.

"While Plaintiff Mary L. Miller was in this aforementioned branch of the United Bank, she approached the desk of a woman who as conducting banking business for the Defendants," the suit alleges.

"At one point in time, the Plaintiff, Mary L. Miller, was caused to fall while at or leaving the aforesaid desk, as a proximate cause of the negligence of the Defendants."

As a result of her injuries, Mary alleges she suffered "a broken hip, two, (2) blood clots in the lungs and two (2) bouts of pneumonia." Likewise, Miller "has suffered great medical expenses, great pain and suffering, loss of enjoyment of life, a great annoyance and inconvenience and other damages."

Furthermore, the suit alleges because of the injuries Mary sustained, Hubert "has suffered a loss of companionship, love and affection, company and other consortium of his wife, Mary L. Miller, and is entitled to damages to compensate him for such loss."

Because United has "unfairly failed to compensate Plaintiffs for their damages in spite of their obvious ability to do so," the Millers are asking for $ 3 million "plus costs, interest and other such relief as the Court deems appropriate."

In its reply dated Feb. 19, and filed with the assistance of Johnnie R. Brown and James A. Muldoon, with the Charleston law firm of Pullin, Fowler, Flanagan, Brown and Poe, United denied responsibility for the Miller's injuries going so far as to the say the injuries "were caused by the misconduct of the Plaintiffs or acts of others which this defendant has no control." Also, it reserved the right to file any additional defenses as well as any counter- or cross-claims in the course of discovery.

Along with asking it be dismissed, United asked to be awarded costs and attorneys fees in defending against the suit.

The absence of specifics as to the injuries the Millers sustained coupled with the request for multi-million dollar award is a perfect example of "legal extortion," said Steve Cohen, executive director of West Virginia Citizens Against Lawsuit Abuse.

"Perhaps this personal injury lawyer subscribes to the gangster's explanation that reason he robbed banks because that's where the money is," Cohen added, referencing an infamous quote by Sutton, a notorious bank robber. "This is another example of West Virginia courts regarded as a place where cash, not justice, is dispensed."

The West Virginia Record attempted to reach Furner for a comment on the case, including an explanation of the $3 million damage award the Millers are seeking. He was not available for comment.

The case has been assigned to Judge J. D. Beane, who, according to court records, entered a scheduling order in the case on May 9 which included a trial date of April 29, 2009.

Wood Circuit Court, Case No. 08-C-40