Jeremiah Ferguson and James Ferguson Jr., infants, by their next friend, mother and guardian, Phyllis Ferguson, and James Ferguson Jr., in his own right vs. James E. Francis, individually, and Southern Amusement Co. Inc. and James Madison Ferguson
PA- Scott G. Stapleton; J- James H. Young Jr.
* On Feb. 3, 2008, Jeremiah Ferguson was standing by the side of the road when James Madison Ferguson lost control of his vehicle and hit the guardrail, partially blocking W.Va. 37 with his vehicle. Jeremiah Ferguson was standing still, waving his arms to alert oncoming motorists to the stranded vehicle when Francis struck Jeremiah Ferguson and/or caused him to have to dive over the hill to avoid being hit, according to the suit. James Ferguson Jr. claims he was standing near James Madison Ferguson's vehicle when Francis struck the vehicle, causing it to slam into his body. The plaintiffs are seeking compensatory damages.
Case number: 10-C-29