Man sues after car accident causes injuries
Kyla Asbury Oct. 29, 2009, 12:35am
CHARLESTON -— A man is suing after a vehicle accident that caused him injury.
John Lawrence Pauley III attended a funeral with his girlfriend in August 2008 and accompanied her and other members of her family to a social establishment after the funeral, according to a complaint filed in Kanawha Circuit Court on Oct. 13.
Pauley claims after he indicated to his girlfriend that he was going to leave and return to his hotel room when John Myers IV persuaded him to sit with them in his car in the parking lot and listen to music.
After Pauley entered the car, Myers engaged the car, accelerated in the parking lot and negligently, carelessly and recklessly collided into a stationary post, according to the suit. The force of the impact caused Pauley to be tossed brutally around the inside of the vehicle.
Pauley claims that after the collision, Myers, with the assistance of at least two unidentified people, moved the vehicle from the parking lot and abandoned him.
According to the suit, Pauley was seriously injured and his injuries were worsened by Myers' willful and malicious failure to render aid after the collision. Pauley claims Myers had a duty to his passengers to exercise reasonable and ordinary care in operating his vehicle.
As a result of Myers' actions, Pauley suffered severe and permanent personal injuries for which he incurred at least $45,000 in medical expenses and sustained physical pain and suffering; permanent physical impairment and scarring; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; lost wages/diminished earning capacity; and emotional distress and mental anguish, according to the suit.
Pauley is suing for punitive damages and an amount that will fairly compensate him for his injuries. Charles M. Johnstone II of Johnstone, Gabhart & Prim is representing him.
The case has been assigned to Circuit Judge Charles E. King.
Kanawha Circuit Court case number: 09-C-1913