Man, son file two suits over same accident

CHARLESTON – A Kanawha County man and his son have filed two lawsuits against Sears and one of its employees for a 2003 automobile accident on Interstate 77.

Robert F. Cary and his son Brandon say Daniel Scott Salmons and Sears, Roebuck and Co. are responsible for the accident that occurred on Dec. 29, 2003, on I-77 northbound in Charleston.

The suits allege Salmons, a resident of Lincoln County, was driving a 1999 Ford F-150 van owned by Sears when he negligently collided with Cary's 1990 Ford Mustang being driven by Brandon. The collision caused the car to be knocked into a guardrail.

In the first suit, Cary sues for his car being severely damaged and for extensive expenses he incurred. He also claims lost use and enjoyment of the vehicle, mental distress and other harm. In that suit, he seeks compensatory damages, attorney fees, court costs and other relief.

In the second suit, both Carys sue the defendants. That suit claims Brandon Cary "was violently thrown about and against said automobile in which he was operating, all resulting in severe, painful and permanent personal injuries to him."

It says he was internally and externally injured, bruised, contused and lacerated and forced to seek medical care and attention and incurred bills for treatment.

The second suit also says the Mustang was damaged beyond repair. That suit seeks a sum to fairly compensate them for damages and for court costs.

They seek a jury trial.

The first case has been assigned to Circuit Judge Paul Zakaib, while the second one was assigned to Circuit Judge Duke Bloom.

In the first suit, Cary is represented by attorney Henry E. Wood III. In the second suit, he and his son are represented by Letitia Neese Chafin.

Kanawha Circuit Court case numbers: 05-C-2805 and 05-C-2830