MARTINSBURG - A woman is suing another driver after a vehicle collision in Jefferson County.

Maryland resident Shountell Higgins filed a lawsuit Oct. 11 in the Circuit Court of Jefferson County against Richard Lee Shepherd, of Ripplemead, Va., Night Wings Trucking and David Michael Scott, citing personal injury and negligence. The case has since been removed to federal court.

On May 22, 2012, Higgins was driving a 2004 Cadillac Escalade and was stopped on the entry ramp of the Route 9 Bypass onto 340 North at East Washington Street in Jefferson County.

Scott, as an agent of Night Wings Trucking, failed to control his vehicle and rear-ended Higgins’ vehicle. The case alleges that Scott was negligent in maintaining proper control of the vehicle and was following too closely.

Higgins maintains that as a result of the collision she had a hyperextension injury that caused pain and injury to her neck, shoulder, lower back and legs and will incur future medical expenses because of this permanent injury.

The plaintiff is demanding a jury trial. She is being represented in the case by Martinsburg attorney Dale A. Buck of the Law Office of Buck & Prentice PLLC.

On Nov. 27, the defendants removed the case to U.S. District Court for the Northern District of West Virginia. In their removal notice, they argue diversity citizenship exists between the two sides.

It also says Higgins' medical expenses have exceeded $20,190.06 and lost wages have reached $8,380.06.

Circuit Court of Jefferson County Case No. 13-C-370
U.S. District Court for the Northern District of West Virginia Case No. 3:13-cv-00172




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