MARTINSBURG – A month after a scheduling order was entered setting up a trial date, a Bunker Hill man has settled his claim that a car accident caused his heart attack.

On April 22, the parties in Scott Cullen’s lawsuit against Charles Davison, of Martinsburg, informed Berkeley County Circuit Court Judge Christopher Wilkes that they have reached an agreement.

On March 19, Wilkes had set an Oct. 29 trial date.

Cullen filed his lawsuit on Jan. 30, 2012, claiming Davidson rear-ended him in January 2010.

“As a direct and proximate result of the negligence and recklessness of Defendant… the plaintiff… suffered a heart attack,” the complaint says.

Cullen said he has incurred medical, hospital and related expenses of more than $127,000. He was also seeking punitive damages.

Cullen was represented by Lawrence Schultz of the Martinsburg personal injury firm Burke, Schultz, Harman and Jenkinson.

According to court records, Davidson was on his way home from grocery-shopping at Wal-Mart, was not on his cell phone at the time of the crash and incurred $5,314.95 in damages to his car.

Davidson was represented by Brian J. Warner of Shuman, McCuskey & Slicer’s Morgantown office.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

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