CHARLESTON - A Charleston flag man who claims he was struck by a rolling dump truck is seeking justice against the owner and operator of the truck, as well as West Virginia Paving, Inc., after a June 2004 incident left him severely injured.

Gary A. Lacy says he was working on a paving project as a flag man when a 1995 white GMC tri-axle dump truck operated by Robert Harvey, Jr., rolled over and struck him. He filed the claim in Kanawha Circuit Court on Feb. 2.

Near the intersection of Route 119 and Roelane Road, Lacy says the truck, owned by Judy Harvey of Judy's Trucking, was an accident waiting to happen.

In his claim, he states that the truck had multiple bald tires, inoperative and defective brakes and a cracked windshield. He also states that Robert Harvey was driving the truck "in a negligent, careless and extremely reckless manner."

The truck rolled over onto Lacy, who says he was "performing work duties in a prudent and careful manner."

He states that West Virginia Paving had hired Judy's Trucking to help with the road project and had a non-delegable duty to assure the safety of the vehicle. Since that duty was breached, Lacy, who is represented by Brent Kesner, has also listed West Virginia Paving as a defendant.

Lacy claims he has been caused to incur medical expenses, has suffered lost wages, loss of earning capacity, physical and mental pain and suffering, mental anguish and loss of enjoyment of life while his wife Sarah claims a loss of consortium with her husband.

"The actions of the defendants were willful, wanton, malicious, and/or committed with extreme recklessness and with a total disregard for the life, health, safety and well-being of others on the roadway including the plaintiff, Gary Lacy, thereby entitling the plaintiffs to a recovery of punitive damages from the defendants."

The couple is seeking compensatory damages in an amount to be determined by a jury. Circuit Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number: 06-C-193

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