Lawsuit filed over fatal car accident
John O'Brien Jun. 15, 2006, 4:38am
CHARLESTON - The father of a Sissonville teenager who was the passenger in a fatal June 2005 car accident is suing the deceased driver's estate.
Allen R. Harper filed the lawsuit June 7 in Kanawha Circuit Court against Jerry Myers, the administrator of the Estate of Jamie L. Myers, Sharon Mitchell, John Layne II, Johnny's Place, Liberty Mutual Fire Insurance Co. and a John Doe.
Harper, of Sissonville, says 20-year-old Jamie L. Myers was intoxicated and speeding when he crashed into a brick building in the early morning hours of June 25, 2005. His son Joshua, 19, was a passenger in the car.
According to the complaint, Myers was driving his 2005 Dodge Neon SRT-4 at 4 a.m. after leaving a party. It says he was driving more than 100 mph in a 40 mph speed zone in Sissonville when he spotted Mitchell, who was intoxicated after leaving Johnny's Place, also known as J.J.'s Bar.
It says he lost control of the vehicle and crashed into a building, instantly killing both occupants. The crash split the car in two.
The lawsuit blames John Doe, the unknown bartender at J.J.'s Bar, and Layne II, the bar's owner, for letting Mitchell get overly intoxicated after legal serving hours. It calls her a "habitual drunkard."
"Defendant Sharon Mitchell was walking along the centerline of Sissonville Dr. as a pedestrian and thus created a hazardous condition and posed an unreasonable risk to traffic on Sissonville Dr.," the complaint says.
Michael A. Olivio is the plaintiff's attorney.
Allen Harper is seeking compensatory and punitive damages. He charges Myers with drinking under the influence, driving at unreasonable speeds and reckless driving.
Judge Louis Bloom has been assigned the case.
Kanawha Circuit Court case number 06-C-1081