Children witnessed great-grandmother's death, lawsuit claims

By Kelly Holleran | Aug 11, 2014

CHARLESTON -- The great-granddaughters of a recently deceased woman have filed suit against the truck driver they claim drove over their great-grandmother in a 7-Eleven parking lot, causing her death.


CHARLESTON -- The great-granddaughters of a recently deceased woman have filed suit against the truck driver they claim drove over their great-grandmother in a 7-Eleven parking lot, causing her death.

Bailey Henderson and Paisley Henderson, by their next friend Robert G. Henderson, filed suit July 14 in Kanawha Circuit Court against Harold E. Paxton, The Terminix International Company Limited Partnership, Terminix International Inc. and Ari Fleet LT.

According to the complaint, Bailey and Paisley were riding in a vehicle their great-grandmother, Joyce Stockwell Kendall, drove into the parking lot of the 7-Eleven at 3815 MacCorkle Ave. in Charleston on Aug. 8, 2012. Kendall exited her vehicle when defendant Paxton, who was driving a 2012 Ford F350 Super Duty pickup truck for defendants Terminix and Ari Fleet, drove into and over her, according to the complaint.

Plaintiff Bailey Henderson witnessed the vehicle travel toward her great-grandmother, strike her and run over her and then observed her great-grandmother laying on the parking lot injured, the suit states. Plaintiff, Paisley Henderson, became personally and contemporaneously aware her great-grandmother had been struck and ran over by the truck and was hurt. Paisley witnessed her great-grandmother laying on the ground and saw blood and ambulances, according to the filing.

Due to the incident, Kendall died and her great-grandchildren became severely frightened, upset and suffered severe emotional distress, the complaint says.

The plaintiffs seek compensatory and punitive damages, plus pre- and post-judgment interest, attorney’s fees, costs and other relief the court deems just.

They are being represented by Marvin W. Masters of The Masters Law Firm in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number 14-C-1252

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