WEST VIRGINIA RECORD

WHEELING - A couple are suing T S Dudley Land Co. for injuries sustained from a vehicle accident caused by one of its employees.

James Edwards was also named as a defendant in the suit.

On March 23, 2012, Edwards negligently drove a motor vehicle into the rear of a parked motorcycle upon which Kenneth R. McCall was sitting, according to a complaint filed July 11 in the U.S. District Court for the Northern District of West Virginia at Wheeling.

McCall claimed Edwards, who was employed by T S Dudley, failed to keep a proper lookout, failed to maintain control of the vehicle and operated a motor vehicle at a speed which was unreasonable under the circumstances.

T S Dudley is vicariously liable for the acts and omissions of Edwards as he was under its employ at the time of the accident, according to the suit.

McCall claims he suffered annoyance and inconvenience; physical pain; mental and emotional anguish; and a diminished ability to fully function and enjoy life and earn a living.

As a direct and proximate result of the defendants' negligence, Cynthia McCall suffered a loss of love, society, comfort, companionship and services of her husband, according to the suit.

The McCalls are seeking compensatory damages with pre- and post-judgment interest. They are being represented by James G. Bordas III of Bordas & Bordas PLLC.

The defendants are being represented by Tiffany R. Durst and Kala L. Sowers of Pullin, Fowler, Flanagan, Brown & Poe PLLC

The case has been assigned to Chief Judge John Preston Bailey.

The lawsuit was first filed in Hancock County on June 11 and was then removed to federal court.

U.S. District Court for the Northern District of West Virginia at Wheeling case number: 5:13-cv-00088