Putnam couple sues car dealer for traffic accident
Kyla Asbury Aug. 15, 2012, 5:34am
CHARLESTON – A Putnam County couple is suing Joe Holland Chevrolet for an accident that caused injuries.
Garland Wilson Hannan, an employee of Joe Holland Chevrolet, was also named as a defendant in the suit.
On Aug. 13, 2010, Judith Whittington was operating her motor vehicle at the intersection of Washington and Jefferson Roads in South Charleston when Hannan put a vehicle owned by Joe Holland Chevrolet into reverse and backed into Whittington's vehicle, according to a complaint filed July 26 in Kanawha Circuit Court.
Whittington claims Hannan backed the motor vehicle up at a fast rate of speed into her vehicle and as a result, caused her to suffer severe and permanent physical and mental injuries.
Hannan had a duty to operate the vehicle in a reasonably prudent manner and breached that duty, according to the suit.
Whittington claims Hannan's negligence is elevated to reckless misconduct in that at the time of the collision, Hannan was also operating a cellular phone and not paying attention to operating his vehicle.
The defendants' actions also caused Whittington's husband, Nyle Whittington, to sustain a loss of consortium, according to the suit.
The Whittingtons are seeking compensatory and punitive damages. They are being represented by Michael J. Del Giudice.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 12-C-1496