Tracey Kinder, Administrator of estate of John W. Kinder vs. Benjamin Smith, Trooper Kyle H. Totten and the West Virginia State Police
PA-Michael Simon; J-NA
* John Kinder was stopped for a traffic violation by the State Police. During the stop, he was given filed sobriety tests by Totten. When he failed the tests, Kinder was arrested for DUI and taken to the Marion County Sheriff's Department. He was arraigned and charged then released on $2,500 bond. Totten took Kinder back to Monongalia County where Kinder began walking on Interstate 79. Kinder was struck and killed by a vehicle driven by Benjamin Smith. Tracey Kinder alleges Totten left Kinder in an intoxicated state on a dangerous highway. The estate seeks damages, pre- and post-judgment interest, costs and attorney fees.
Case number: 11-C-167