CHARLESTON - Following a wreck that is being alleged as a result of negligence, two men are suing West Coast Choppers and DNA Specialty, Inc., a pair of California corporations.
Donald Mason Jr. of Elkview states in a claim filed in Kanawha Circuit Court on Feb. 1 that the two companies are responsible for his being flipped over the handlebars of a motorcycle during a test drive.
On May 12, 2005, Mason says the front wheel of a West Coast Choppers motorcycle locked up while he was driving, causing him to be thrown over the handlebars and onto the highways.
Mason, who is represented by Charles M. Love IV of The Masters Law Firm of Charleston, claims that West Coast Choppers, which manufactured the motorcycle's rolling chassis, and DNA Specialty, which manufactured the wheel that Mason alleges locked up, "negligently, carelessly and wrongfully made, designed, conceived, manufactured, tested and distributed the products for sale."
Bryant Krepps of Pinch is also listed as a plaintiff. Krepps says he incurred damages to his personal property because of the defect in the motorcycle he purchased from Nancy Lovejoy, who had bought the motorcycle directly from the defendants.
Krepps and Mason state in the complaint that the defendants had a duty to warn potential users of dangers associated with the use of their products and to provide appropriate manuals and instructions to users, and that the companies breached those duties with their negligence.
Mason claims he was severely injured in the wreck and will in the future suffer the following damages: "Pain and suffering; sorrow, mental anguish, solace, loss of society, companionship, comfort guidance and kindly offices; compensation for his reasonable and expected loss of income; compensation for loss of services, protection, care and assistance; expenses for the care, treatment and hospitalization relevant to the incident resulting in his injury; and punitive damages.
The two plaintiffs request a trial by jury and are seeking compensatory damages in an amount to be determined by a jury and the costs and disbursements of the trial.
Circuit Judge Irene Berger has been assigned the case.
Kanawha Circuit Court case number: 06-C-176