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Nov. 18, 2008 | West Virginia's Legal Journal
 
NEWS

Putnam man says Hurricane officer attacked him after accident

10/1/2008 8:45 AM
By Kelly Holleran -Putnam Bureau

WINFIELD -- After being hit by a car, a Putnam County man claims a Hurricane police officer attacked him as he was being treated by paramedics.

Nathan D. Helms claims Hurricane police officer Steven L. Pete began physically attacking him after he was hit by a 1993 Ford Explorer on Feb. 26, 2007, at 6:17 a.m., according to his complaint filed Sept. 19 in Putnam Circuit Court.

Helms was walking home along Orchard Park Road from his job at Go-Mart when James R. Kirk, who was driving the Explorer, hit him, according to a complaint.

Helms was being treated by emergency medical technicians when Pete "grabbed Nathan D. Helms around the neck and body slammed him on the ground," the suit states.

Once on the ground, Helms claims Pete put his knees on Helms's chest.

Pete's actions worsened Helms's existing injuries and a pre-existing brain injury he had sustained several years before, according to the complaint.

As a result of the collision, Helms claims he suffered mental and physical pain, disability, lost enjoyment of life and a diminished income capacity.

He has also become responsible for medical costs, the suit states.

Kirk was negligent because he failed to keep a proper lookout for pedestrians and failed to undertake reasonable measures to avoid colliding with Helms, the suit states.

Pete violated article III, sections 1, 5, 10 and 14 of the constitution and Helms's First, Fourth, Fifth, Sixth and Fourteenth Amendments to the constitution, according to the complaint.

Helms claims Hurricane inadequately trained and supervised Pete.

He also claims Hurricane failed to exercise reasonable care when it hired Pete.

Helms is seeking unspecified punitive and compensatory damages.

R. Edison Hill and Woody Hill of Hill, Peterson, Carper, Bee & Deitzler will be representing him.

Putnam Circuit Court case number 08-C-314


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