CHARLES TOWN - A Jefferson County couple has filed a suit seeking $1 million against a man who allegedly crashed into their vehicle while waving at his cousin.
Phillip and Sharon Foote filed a suit Aug. 21 in Jefferson Circuit Court against Brian Scott Mauck.
According to the suit, Phillip Foote was traveling on Flowing Springs Road on April 27, 2006, near Shepherdstown when he was stopped behind a pickup truck. Mauck was also traveling the same way on Flowing Springs Road, but "failed to stop because he took his eyes off the road to wave to his cousin," the suit says.
As a result, Foote was severely injured.
According to the suit, Mauck was negligent and reckless in operating his vehicle.
Phillip Foote suffered severe injuries, extreme pain, mental anguish, loss of capacity to enjoy life, and has incurred more that $20,600 in medical bills. He is now permanently disabled and has suffered a loss of income in excess of $500,000 to date, and will continue to suffer a loss of $400,000 a year.
Sharon Foote has suffered a loss of consortium from her husband.
Therefore, with attorney D. Michael Burke, the Footes seek $1 million in compensatory damages, and $100,000 in punitive damages.
Jefferson Circuit Court case number 07-C-303