HUNTINGTON – A lawsuit against FedEx and others over alleged injuries stemming from a car accident was removed to federal court by the company.
FedEx argues the amount in controversy exceeds the state court threshold of $75,000 and that because the defendants are headquartered in different cities and states, the federal court is the proper venue for the case.
FedEx's principal office is in Ohio while other defendants are in Florida, according to the notice.
Michelle Bonnett named 1st Time Transport LLC, FedEx Custom Critical Inc., Escargo LLC and Christopher Burch as defendants in the lawsuit that was originally filed in Putnam Circuit Court before it was removed to U.S. District Court for the Southern District of West Virginia on Jan. 14.
Bonnett, a Poca resident, claims she was operating a 2008 Jeep Commander on state Route 25 in Nitro on Oct. 18, 2017, when Burch, who was operating a 2009 Freightliner owned by 1st Time, attempted to make a U-turn from the right lane and entered the lane in which Bonnett was driving.
Burch struck the entire passenger side of Bonnett's vehicle due to his negligent, careless and reckless actions, according to the suit.
Bonnett claims she suffered injuries to her body and incurred medical expenses,pain and suffering, physical limitations, diminished capacity to enjoy life, annoyance and inconvenience, loss of household services, permanent impairment, mental anguish, future pain and suffering and other damages.
Burch, as an operator of a large commercial vehicle on a public roadway, owed a duty to the general public to obey all state and federal laws and regulations with regard to operating a commercial vehicle involved in interstate trucking, according to the suit.
"Defendant Burch's illegal actions proximately caused the collision, plaintiff Michelle Bonnett's injuries and the damages as set forth above," the complaint states.
Bonnett is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Robert D. Cline Jr., Robert A. Campbell and Letisha R. Bika of Farmer Cline & Campbell.
FedEx Custom Critical is represented by Phillip T. Glyptis of Burns White in Wheeling.
U.S. District Court for the Southern District of West Virginia case number: 3:20-cv-00039
