Route 10 wreck results in lawsuit

HUNTINGTON -- A driver and passenger were allegedly severely injured when another vehicle allegedly crossed the center line in Barboursville.

Gregory Baker, Deanna Baker and Lori Baker filed suit June 23 in Cabell Circuit Court against Richard Smith, Marty's Bakery and George S. Rogers.

According to the complaint, on July 3, 2012, Gregory Baker was riding in a vehicle driven by Lori Baker on W.Va. 10 in Barboursville when a minivan driven by Smith and owned by the other defendants crossed the center line and struck the Bakers' vehicle head-on. Smith stated after the incident he was attempting to avoid a rear-end collision with another vehicle, causing him to swerve into the wrong lane, the suit states.

As a result of the incident, Gregory Baker suffered severe injuries including his right hip, face, forearms, a nasal fracture, rib fractures and a shattered pelvis. Lori Baker's injuries from the incident include headaches, a cervical spine injury, left nasal bone fracture, foot injury, lacerations and a facial injury, the filing states.

The defendants are accused of failing to use due care in the operation of the vehicle, failing to obey traffic signs, failing to keep the vehicle under control, failing to give full attention while operating the vehicle, driving at an excessive speed, traveling on the wrong side of the road, recklessness, crossing the center line, failing to keep a proper lookout, an improper lane change and violation of state laws.

The plaintiffs are seeking damages in an amount to be determined by the court.

They are represented by Huntington attorney Dwight J. Staples. The case has been assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court Case No. 14-C-454