Lawsuit against City of Nitro for car accident settled

By Kyla Asbury | Dec 11, 2013

CHARLESTON - A lawsuit against the City of Nitro over a car accident has been confidentially settled and dismissed.

Jason S. Jones, a Nitro employee, was also named as a defendant in the suit.

On Sept. 19, both parties came before the court and represented that all matters in controversy had been settled and compromised, according to a dismissal order filed in Kanawha Circuit Court.

On Nov. 10, 2009, Nichole N. Boggs was driving her 2007 Mazda M3 on Interstate 64 while Jason S. Jones was driving a Ford F-350 truck acting within the scope of his employment with the city of Nitro, according to a complaint filed Oct. 26, 2011, in Kanawha Circuit Court.

Boggs claimed when Jones changed lanes, an unsecured mat and bucket flew out of the bed of the truck and caused her to crash into the concrete median.

As a result of the collision, Boggs sustained serious and permanent injuries, including headaches and cervical pain, according to the suit.

Boggs claimed the defendants had a duty to safely operate the vehicle and failed to do so.

The defendants’ actions caused Boggs to suffer severe and debilitating physical injury and pain; incurred substantial medical expenses; suffered mental anguish; incurred property loss; suffered permanent physical impairment; and loss of enjoyment of life, according to the suit.

Boggs was seeking compensatory and punitive damages. She was being represented by Damon L. Ellis of Mani, Ellis & Layne PLLC.

The defendants were represented by Cy A. Hill Jr. of Mannion & Gray Co. LPA.

The case was assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-1916

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