Man sues towing company for injuries

By Kyla Asbury | May 4, 2015

HUNTINGTON – A man is suing McGuire's Towing & Recovery after he claims he was injured in a motor vehicle accident caused by one of its employees.

Gary Michael McGuire is doing business as McGuire's Towing & Recovery.

Jonathan Matthew Napier, an employee of McGuire's, was also named as a defendant in the suit.

On April 25, 2010, Carl Frisk was riding as a passenger in a vehicle that was traveling eastbound on Interstate 64 in Milton when, as the vehicle crested the top of the hill, the driver saw that traffic had stopped for something ahead and stopped to avoid a collision with other vehicles, according to a complaint filed April 10 in Cabell Circuit Court.

Frisk claims seconds later, Napier, who was operating a tow truck owned by McGuire, slammed into the back of the vehicle Frisk was in.

Napier had a duty to exercise reasonable and ordinary care during the operation of a motor vehicle over West Virginia roadways, according to the suit.

Frisk claims McGuire had a duty to ensure that his employee was complying with state and federal laws during the operation of a motor vehicle over West Virginia roadways.

Napier was negligent, careless and reckless in the operation of his vehicle by failing to yield right of way, failing to maintain control of his vehicle, operating his vehicle at a speed too fast for the conditions and allowing his vehicle to cause a collision with the vehicle Frisk was a passenger in, according to the suit.

Frisk claims the defendants' negligent, careless and reckless operation of the vehicle resulted in him sustaining personal injuries.

Frisk is seeking compensatory damages. He is being represented by Charles M. Johnstone II and Madeline G. George of Johnstone & Gabhart LLP.

The case is assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court case number: 15-C-267

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