Dirt biker blames CSX, others for injuries

By Carol Ostrow | Jun 19, 2015

BECKLEY — A Raleigh County couple filed suit against two companies and two individuals claiming liability in a 2013 dirt bike accident on their joint property that allegedly debilitated the husband.

Presley A. Cadle and Joy Ella Cadle of Oceana sued CSX Transportation Inc., doing business in West Virginia, Meadow Creek Coal Corp. of Beckley, and Lonnie Warwick and April Gwinn, both of Mount Hope, on June 4 in Raleigh Circuit Court alleging endangerment related to recreational motor biking.

According to the filing, CSX owns portions of Oswald Road and defendants Warwick and Gwinn each own property adjoining Oswald Road in Raleigh County.

The suit states that when Presley Cadle was operating a dirt bike motorcycle on Oswald on June 5, 2013, and rounded a blind curve, he encountered an unmarked barrier across Oswald that he was not able to avoid and crashed his vehicle, sustaining semi-permanent injuries to his right leg, knee, ankle and foot.

The complaint states that the defendants knew the road was used by the public for recreational cycling, operated four-wheel drive vehicles there routinely themselves, and deliberately allowed an unmarked barrier to remain in a location difficult to detect, exposing drivers to risk of injury or death.

Presley Cadle claims that his injuries were a direct and proximate result of the defendants’ actions. Both plaintiffs declare pain and suffering, inconvenience, loss of earning capacity and service, loss of enjoyment of life, medical expenses, and distress.

The couple seeks compensatory, general and punitive damages, pre- and post-judgment interest, attorneys’ fees, and costs.

The Cadles are represented by Stephen New and Amanda Taylor in Beckley. The case has been assigned to Judge John A. Hutchison.

Raleigh Circuit Court case number 15-C-508-H

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