DOH files two suits for repairs caused by accidents

CHARLESTON – The state Division of Highways filed two lawsuits seeking more than $70,000 in payment for repairs that resulted from two accidents in 2003.

The lawsuits, filed in Kanawha Circuit Court, focus on two incidents that occurred on consecutive days in December 2003 in Jackson County. One of the cases later was settled.

In the pending suit, the DOH says Mountain V Oil & Gas, a Bridgeport-based company, and driver Kevin Francis Moneypenny of Weston were responsible for an accident at the intersection of Interstate 77 and W.Va. 34 on Dec. 22, 2003.

The suit, filed by DOH attorney Jeff J. Miller, says Moneypenny was driving a 2000 Mack truck owned by Mountain V when the vehicle and/or a portion of its load struck steel beams on the underside of the overpass bridge conducting W.Va. 34 over I-77.

The suit, which lists Paul A. Mattox Jr. as the plaintiff in his capacity as commissioner of the DOH, says the expenses for engineering services, inspectors, painting, contract labor, equipment and materials to repair the damage equaled $59,425.35.

The DOH seeks a judgment jointly and severally for that amount plus court costs, attorney fees, pre- and post-judgment interest and other expenses.

In the other suit, the DOH claimed three Ohio companies and a driver were liable for an accident on Dec. 23, 2003, along I-77 near Kenna.

That suit says a 1999 Kenworth semi-tractor truck owned by Miller Express of Findlay, Ohio, was being driven by James D. Debrular of Parkersburg, W.Va. JDM Trucking and/or H&W Contract Carriers Inc. were the commercial carriers responsible for transport of a load by the truck.

The suit claimed the vehicle and/or a portion of its load struck and damaged the guardrail along I-77 near the 126.5 mile marker. The cost for engineering services and materials to repair the guardrail totaled $11,926.08.

The case was dismissed Dec. 22 after being settled, according to court documents.

The Moneypenny case has been assigned to Circuit Judge Jennifer Bailey Walker.

Kanawha Circuit Court case numbers: 05-C-2755 (Debrular) and 05-C-2756 (Moneypenny)