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WEST VIRGINIA RECORD

Thursday, March 28, 2024

Couple sues over damages allegedly caused by highway pileup

Rig speeding

WHEELING—An Ohio couple is suing an Illinois-based transportation business and its employee, claiming negligence in a 2013 multi-vehicle highway collision that caused property damage and physical injuries.

Robert E. Rodgers and Donna R. Rodgers of Martins Ferry, Ohio, filed a lawsuit against Sharkey Transportation Inc. of Charleston, W.Va. and Donald Swisher of Aurora, Ill. in Ohio Circuit Court on May 28, asserting vehicular negligence in August 2013.

The complaint states that on or about Aug. 8, 2013, Swisher was operating a large tractor-trailer on Interstate 70 near the West Virginia/Ohio border. According to the suit, Swisher negligently rear-ended a car owned by Diana L. Phillips and driven by John R. Phillips, which subsequently pushed the Phillips’ car into the Rodgers’ vehicle.

The suit states that Swisher, acting within the course of his employment with Sharkey Transportation, was negligent in following the Phillips’ vehicle too closely, neglecting to keep a proper lookout and failing to control his vehicle. The plaintiffs contend that Sharkey is liable for Swisher’s actions and all damages proximately caused by his negligence.

Robert Rodgers claims neck, back, head and general body injuries as well as pain, anguish, inconvenience, annoyance, and diminished capacity to fully function and enjoy life. He and his wife contend loss of consortium and medical bills.

The couple seeks damages, pre- and post-judgment interest, attorneys’ fees, and costs.

The plaintiff is represented by Scott Blass and John E. Artimez Jr. of Bordas & Bordas in Wheeling. The case has been assigned to Judge Ronald E. Wilson.

Ohio Circuit Court case number 15-C-143-REW.

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