West Virginia Record

Wednesday, April 8, 2020

Couple sues Wheeling Island Racetrack over wreck in parking lot

By John O'Brien | Apr 27, 2006

WHEELING - A Smithton, Pa., couple is suing Wheeling Island Gaming, Inc., over an automobile accident that occurred in the Wheeling Island Racetrack and Gaming Center parking lot.

Patricia and Charles Dougherty also list Irene E. Dow, the other driver, in a lawsuit filed April 21 in Ohio Circuit Court.

Patricia Dougherty says her car was parked April 23, 2004, when Dow, of Wheeling, slammed into the driver's side door as Dougherty was exiting her car.

The complaint says Dougherty has suffered severe bodily injuries, some of which are permanent. Her husband is suing for loss of consortium.

The lawsuit alleges negligence on the part of both defendants.

"Defendant Wheeling Island Gaming, Inc., negligently breached its duty of care as to the plaintiffs by failing to maintain a reasonably safe environment and operate its parking for hire service and its appertaining traffic direction and control duties so as to avoid injury to the persons and property of its business guests, patrons, customers, licensees and invitees," the complaint says.

The plaintiffs are seeking compensatory damages and are represented by Michael J. Olejasz of Wheeling law firm Barnabei, Ferro and Olejasz.

Ohio Circuit Court case number 06-C-138AR

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