CHARLESTON -- A man is suing Frontier Communications, Inc., after he struck a utility pole that was in the shoulder area of a road.
Ford Motor Company was also named as a defendant in the suit.
On Sept. 13, 2010, Stephen Brown was driving his 2002 Ford F-350 pickup truck on Brounland Road in Kanawha County when he encountered a deer and, in doing so, the front right wheel of his vehicle went slightly off the paved surface and onto the shoulder area of the road, according to a complaint filed Sept. 13 in Kanawha Circuit Court.
Brown claims as he avoided the deer, the front of his truck struck a utility pole placed by Frontier along the side of Brounland Road within the shoulder area of the road and damaged the vehicle.
The supplemental restraining system on the vehicle did not deploy, according to the suit.
Brown claims Frontier was negligent in the placement and maintenance of their utility pole by placing it within the shoulder area of the roadway, thereby creating a hazard for drivers using the road.
Ford Motor Company negligently manufactured and placed the Ford F-350 truck in the stream of commerce and represented the vehicle had a supplemental restraint system that would protect the occupants of the vehicle in the event of a frontal collision, according to the suit.
Brown claims the supplemental restraint system failed to properly function and deploy in the collision.
As a result of the defendants' negligence, Brown incurred lost wages, serious injuries, medical expenses and the loss of ability to enjoy life, according to the suit.
Brown is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Shannon M. Bland.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 12-C-1864