CHARLESTON -- A North Carolina man is suing over claims he was injured due to the negligent traffic control in a highway construction zone.

David M. and Doris Smith filed a lawsuit May 27 in Kanawha Circuit Court against The Velotta Company and Safety Caution Equipment Co., citing negligence.

According to the complaint, David Smith was driving a tractor-trailer on U.S. Route 19 near the Pax Avenue Bridge in the scope of his employment with William Thomas Allen on April 11, 2012, when the road tapered to one lane, causing traffic to slow and causing Smith to swerve across the median to avoid hitting the cars in front of him.

The complaint states The Velotta Company, doing the construction, and Safety Caution Equipment, in charge of traffic control, were negligent in not providing the required amount of distance for cars to safely merge into one lane.

The defendants are accused of negligent, careless, willful, wanton, reckless conduct and loss of consortium.

The Smiths are seeking medical expenses, loss of wages and damages.

They are being represented in the case by attorneys James D. McQueen Jr. of McQueen Davis PLLC and Christopher J. Heavens of Heavens Law Firm PLLC. The case has been assigned to Circuit Judge Paul Zakaib.

Kanawha Circuit Court Case No. 14-C-981


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