CHARLESTON – A man and his wife are suing Love’s Travel Stops & Country Stores, Inc., after a car accident caused him serious injuries.
Craig Lee Reed Jr., Gerald Eugene Densmore II, Fingerle Trucking and Christopher Lee Allen were also named as defendants in the suit.
On Jan. 16, 2012, Raymond L. Myers was operating a tractor-trailer on Interstate 77 heading south when one of the tires burst, which forced him to park the vehicle on the berm and call Love’s to provide roadside assistance, according to a complaint filed Jan. 16 in Kanawha Circuit Court.
Myers claims Love’s dispatched its employee, Reed, to provide roadside assistance, and at the scene, Reed placed the Love’s service vehicle in front of Myers’ tractor-trailer.
Love’s later dispatched Densmore to assist Reed at the scene, according to the suit.
Myers claims Reed and Densmore failed to exercise reasonable care, violated applicable industry standards and violated Love’s own company standards in providing roadside assistance and repair services by the placement of the Love’s service vehicle at the scene and by methods they used and/or failed to use in warning approaching motorists of their roadside repair work.
Upon completion of the repair work, Reed and Densmore failed to exercise reasonable car by having Myers join them at the driver’s side door of the Love’s service vehicle to complete the paperwork, according to the suit.
Myers claims as they were in the process of completing the paperwork, Allen was approaching the scene while operating a tractor-trailer and failed to move into the left lane or appropriately decrease his speed.
As Allen drove by the scene, he struck Myers and the Love’s service vehicle, causing Myers to suffer severe and life-threatening injuries, according to the suit.
Myers claims the defendants’ negligent acts caused him injuries and damages, including lost wages and loss of earning capacity; medical expenses; pain and suffering’ physical limitations; permanent disfigurement; diminished capacity to enjoy life; and annoyance and inconvenience.
Myers’ wife, Ada Myers, suffered a loss of Raymond Myers’ spousal consortium; annoyance and inconvenience; and other consequences, according to the suit.
The couple is seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Robert D. Cline, Robert A. Campbell and R. Chad Duffield.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 13-C-76