Lawsuit says driver fell asleep on I-68, caused crash

CLARKSBURG - An Indiana resident is suing over claims she was struck by a sleeping driver while on Interstate 68 and is seeking almost $700,000.

Sharon Edwards-Toy filed a lawsuit Aug. 5 in the Circuit Court of Monongalia County against Lyle R. Parrott, D&T Trucking Co. Inc. and Double J Transport LLC, citing negligence.

Edwards-Toy says on Aug. 8, 2011, she suffered serious injuries when the defendants' tractor-trailer struck the plaintiff's tractor-trailer while traveling east on I-68 in Morgantown. According to the complaint, the accident happened because Parrott fell asleep at the wheel.

The plaintiff is being represented by Charleston attorney Marvin W. Masters.

The defendants removed the case to U.S. District Court for the Northern District of West Virginia on Sept. 10.

The defendants say the amount in controversy exceeds a $75,000 threshold for removal and the parties are citizens of different states.

The removal notice says the plaintiff's last settlement demand was $685,000.

The defendants are represented by Pittsburgh attorney Timothy Smith.

Circuit Court of Monongalia County Case No. 13-C-583.
U.S. District Court for the Northern District of West Virginia case number 1:13-cv-202.