BECKLEY – A Raleigh County man is suing over claims he was injured when a truck attempted to pass him on the highway.


Brian Smith filed a lawsuit Oct. 30 in Raleigh Circuit Court against Beverage's Towing and Transport and Michael Cales, citing negligence.


According to the complaint, Smith was driving north on Ritter Drive in Shady Spring on Oct. 10, 2012, and Cales was driving a truck owned by Beverage's Towing and Transport behind him. The complaint states Cales attempted to pass Smith on the left but encountered a southbound vehicle and swerved back into the northbound lane, striking Smith, who sustained injuries.


Smith says a third car, the southbound vehicle, was also involved in the accident, as it was run off the road to avoid colliding with Cales' vehicle. According to the lawsuit, Smith incurred more than $32,400 in medical expenses.


Cales is accused of negligence, and Beverage's Towing and Transport is accused of negligently entrusting a vehicle to him. Smith seeks damages, costs and attorney fees.


He is represented by attorney Christopher M. Davis of Wooton, Wooton and Davis in Beckley.


Raleigh Circuit Court case number: 14-C-967-H


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