BECKLEY – A mother and son are suing Rinehart Tower Service Inc. for injuries sustained in a motor vehicle accident.
On Feb. 12, 2013, Robert Lee Bailey Jr. was operating his motor vehicle east on W.Va. 97 near Maben with Bessie A. Bailey, his mother, as a passenger in the car, according to a complaint originally filed Feb. 5 in Wyoming Circuit Court and removed to federal court on March 20.
The plaintiffs claim Tyson James Carter was operating a vehicle owned by Rinehart Tower Service east on the same road when Robert Bailey slowed due to traffic and Carter failed to stop his vehicle, causing him to strike the Bailey vehicle in the rear.
Due to the negligent, willful, wanton and reckless manner, without due regard for the rights and safety of others, and also ignoring the traffic flow, Carter's actions resulted in the vehicles colliding, according to the suit.
The plaintiffs claim they suffered injuries as a result of the motor vehicle accident, including injuries to Robert Bailey's shoulder, arm, ankle, wrist, neck and legs, some of which is permanent in nature.
Bessie Bailey suffered injuries to her shoulder, neck and back, some of which is also permanent in nature, according to the suit.
The plaintiffs claim Carter was acting as an employee of Rinehart at the time of the accident.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Anthony J. Sparacino Jr.
The case is assigned to District Judge Irene C. Berger.
U.S. District Court for the Southern District of West Virginia case number: 5:15-cv-03388