MARTINSBURG -- Two people have filed a lawsuit alleging they were injured after an intoxicated man rear-ended their golf cart with his car.

Edward Carter and Denise Amoss say they were parked in a driveway in a golf cart at River Bend Park in Falling Waters on Sept. 17, 2006, when John T. Scarlett, who was intoxicated, rear-ended the cart, according to the complaint filed Sept. 2 in Berkeley Circuit Court.

Carter and Amoss claim their heads, necks, backs and bodies were seriously and permanently injured in the accident.

They also were sick, sore and disabled and have become responsible for medical costs, according to the complaint.

They have and will continue to suffer physical and emotional pain and suffering, the suit states.

Carter and Amoss claim Scarlett was negligent because he drove too fast, failed to observe the road conditions, failed to maintain proper control over his vehicle, failed to exercise proper and due care to the traffic conditions and failed to observe the roadway.

In addition, Scarlett failed to brake in time to avoid a collision, drove while intoxicated and failed to obey the speed limit, the suit states.

In the two-count suit, Carter and Amoss are seeking a judgment in excess of $350,000, plus interest and costs.

David E. Furrer of Seigel, Tully & Furrer in Cumberland will be representing them.

Berkeley Circuit Court case number: 08-C-1120

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