Man blames B&B Metal for accident

By Kyla Asbury | Mar 12, 2015

BLUEFIELD – A man is suing B&B Metals Inc. after he claims one of its drivers caused an accident.

Joseph Marcum and West Virginia Department of Transportation-Division of Highways were also named as defendants in the suit.

On July 29, 2013, Joseph Marcum was the operator of a 2011 Mack Truck owned by B&B that collided with Terry Auville's 1995 Toyota Tacoma pickup truck, according to a complaint filed Sept. 15 in McDowell Circuit Court and removed to federal court on Feb. 18.

Auville claims the collision occurred as Marcum proceeded south on U.S. 52 and approached the intersection of Elkhorn Station Road and U.S. 52. Auville was traveling south on U.S. 52 behind Marcum when the road widened into two lanes and Marcum steered his truck into the far right side of the roadway.

It appeared to Auville that Marcum's intention was to proceed in the right side of the southbound lane, and Auville continued in the left side of the lane, according to the suit.

Auville claims while he was driving beside Marcum, Marcum suddenly made a sharp turn to the left from the far right side of the highway, which caused Marcum to collide into the right side of Auville's truck, causing him to overturn approximately two or three times.

Marcum owed a duty of care to obey all traffic laws and to operate his vehicle in a safe and reasonable manner, according to the suit.

Auville claims Marcum failed to signal before making a left turn and failed to drive his vehicle in the leftmost portion of lane of travel before attempting to make a left turn.

Because of the defendants' actions, Auville suffered property loss in the amount of $5,000, lost wages of more than $10,000 and medical expenses in excess of $83,000, according to the suit.

Auville is seeking judgment in his favor. He is being represented by James J. Palmer III of Palmer Law.

The case is assigned to District Judge David A. Faber.

U.S. District Court for the Southern District of West Virginia case number: 1:15-cv-01905

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