CHARLESTON – A Pennsylvania man has filed a civil lawsuit stemming from a 2004 automobile accident caused by a man he claims was driving under the influence.

Joseph J. Rzepecki filed the suit Jan. 10 in Kanawha Circuit Court.

In the suit, the resident of Corapolis, Pa., said he was driving on Ashby Street in South Charleston attempting to turn onto MacCorkle Avenue just after 6:30 p.m. on Jan. 12, 2004, when he says he was hit by a 1990 Plymouth Acclaim driven by Joshua Seth McCoy of Charleston.

In the suit, filed by attorney Robert Q. Sayre Jr., Rzepecki says McCoy disregarded a traffic signal, was driving under the influence of alcohol and was otherwise guilty of carelessness, negligence, recklessness and unlawful conduct.

Rzepecki says he was thrown violently against the interior of his vehicle sustaining serious and permanent and disabling injuries.

As a result of the accident, Rzepecki says he has endured great mental and physical pain and suffering, had to undergo numerous tests and treatments and has to undergo a lengthy convalescent period. He also says he has incurred large medical expenses.

In addition, he says he has suffered a loss of agility, ability, strength and ability to enjoy life He also claims to have been incapacitated and unable to perform gainful employment for a substantial period of time, incurred lost wages, income and benefits. He also says he has suffered other monetary damage such as car rental.

He seeks compensatory damages, pre- and post-judgment interest, court costs, attorney fees and other relief.

In a second count, Rzepecki seeks punitive damages for McCoy being inebriated and intoxicated while driving.

The suit says McCoy is liable to Rzepecki "for punitive damages in an amount sufficient to punish and deter the defendant, Joshua Seth McCoy, and deter others from operating vehicles on public roads in the State of West Virginia in an intoxicated and inebriated condition."

The plaintiff requests a jury trial.

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

Kanawha Circuit Court case number: 06-C-41

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