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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Man's estate blames concrete company for death

Concretetruck

HUNTINGTON -- A Cabell County concrete company is being sued over claims their negligence caused a fatal vehicle accident.

Kelly Ann Rodgers and Sherwin Rodgers, as co-administrators of the estate of Frank N. Rodgers, filed a lawsuit April 17 in Cabell Circuit Court against Paul's Concrete Inc., citing negligence and loss of companionship.

The plaintiffs claim Frank N. Rodgers was riding his motorcycle southbound through a work zone maintained and controlled by the defendant on U.S. 220 in Pendleton County.

According to the brief, the defendant failed to properly set up the work zone and failed to properly maintain control of and direct traffic, causing an accident with Frank's motorcycle and the vehicle behind him.

The suit alleges the accident resulting from the negligence of the defendant caused Frank fatal injuries.

The plaintiffs are seeking damages in excess of the court's jurisdictional limits, attorney's fees and court costs.

They are being represented in the case by attorneys Brent K. Kesner of Kesner and Kesner, and John D. Athey and Duke A. McDaniel. The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court Case No. 14-C-320

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