BECKLEY -- Two Lester residents are blaming the state after a fatal, one-car motor vehicle accident.
Jeffrey A. Leonard, individually and as administrator of the Estate of Marcus A. Leonard, deceased, and Tammy Leonard filed a lawsuit in the Raleigh Circuit Court against the West Virginia Department of Transportation, Division of Highways.
The complaint says on Jan. 20, 2012, Marcus was driving northbound on W.Va. 16 near Robert C. Byrd Drive when his vehicle struck the bridge rail, causing the vehicle to jump over the rail and land on railroad tracks, which resulted in his death. The plaintiffs contend Marcus' death was a result of the defendant's negligence in maintaining the bridge.
The plaintiffs are seeking an undisclosed amount in damages. They are being represented by David S. Hart of Hayden & Hart PLLC.
Raleigh County Circuit Court Civil Action No. 14-C-36-H.