CHARLESTON – An insurance company is suing a tractor-trailer driver and his employer over a fatal collision near Sharon it alleges is the fault of the negligent driver.
National Union Fire Insurance Co. of Pittsburgh PA, as subrogee of the West Virginia Department of Transportation/Hatfield McCoy Regional Recreation Authority, filed a complaint in Kanawha Circuit Court against XPO Logistics Freight Inc. and William Wesley Williams alleging negligence.
The suit states on Aug. 23, 2017, Williams was employed by XPO and was traveling southbound on Interstate 77 in Sharon when he negligently lost control of a truck with two trailers and drove over an embankment. The suit states the second trailer overturned in or near a curve in the southbound lanes of I-77.
The suit states Smith also was traveling on I-77 and was unable to avoid hitting the trailer and became trapped in his Jeep. Smith was then hit by a tractor-trailer and died as a result of the crash injuries, the suit states.
The investigating officer determined Williams was to blame for the accident for careless driving, driving at a speed greater than reasonable and for brake and equipment violations, the suit states.
The plaintiff alleges it issued a policy of insurance to West Virginia Department of Transportation/Hatfield McCoy Regional Recreation Authority for the Jeep Smith was driving and paid nearly $20,000 for the property damage claim.
The plaintiff is seeking costs, interest, attorney fees and court costs. The plaintiff is represented by James C. Stebbins of Lewis Glasser PLLC in Charleston.
The case has been assigned to Judge Todd Kaufman.
Kanawha Circuit Court case number 19-C-850
