Woman sues Pa. trucking firm for wrongful death

By Carol Ostrow | Apr 1, 2015

WHEELING — An Ohio County woman has sued a Pennsylvania company, alleging negligence in a 2013 fatal accident.

Billie Jo Powell of Kingmont, as administratrix of the estate of Ryan Gross, filed a lawsuit March 13 in Ohio Circuit Court against Wayne W. Sell Corporation of Pennsylvania, alleging wrongful death in a highway accident that killed Gross.

According to the complaint, on Nov. 13, 2013, an employee of Wayne W. Sell Corporation was driving a tractor trailer owned by the defendant southbound on Interstate 79 in Morgantown when the driver made an illegal lane change and struck Gross’ vehicle, which overturned and was forced off the road into the median. Gross was ejected from his car and suffered fatal injuries despite transport to a hospital emergency room, the suit states.

The lawsuit says Wayne W. Sell was negligent by failing to operate its motor vehicle safely, follow traffic safety regulations, refrain from unsafe lane changes and yield the right of way to other vehicles. The suit states as a result of the defendant’s negligent, careless and reckless acts or omissions, Gross suffered catastrophic injuries leading to his death.

The lawsuit cites: pain, suffering, sorrow, distress, inconvenience, and loss of enjoyment of life; medical and funeral expenses for the decedent; and loss of education and companionship, guidance and advice,

Powell seeks compensatory damages, pre- and post-judgment interest, attorney fees and costs.

She is represented by attorney Dino S. Colombo and Travis Mohler of Colombo Law in Morgantown. The case has been assigned to Circuit Judge David J. Sims.

Ohio Circuit Court case number: 15-C-79

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