Man says Trooper, another man to blame for accident

By Cara Bailey | Jan 12, 2007

MARTINSBURG - A Berkeley County man is suing a West Virginia State Police officer and another Berkeley County man for failure to control their vehicles.

Ernest Mills filed a suit against Trooper Thomas C. Kearns and Eric W. Milburn because their collision on Dec. 30, 2004, caused Mills to be permanently injured.

The suit says Mills was stopped in the westbound left turn lane on W.Va. 9 near Martinsburg. Kearns was in a West Virginia State Police vehicle, traveling in an emergency capacity eastbound.

Milburn was traveling through the intersection, where he was struck by Kearns. The police car then proceeded to strike the left front of Mills' vehicle, causing his serious and permanent injuries.

The suit claims both Kearns and Milburn were negligent in the operation of their vehicle, by failing to maintain control, driving recklessly and failing to keep a proper outlook.

As a result, Mills has suffered pain, distress and anguish, medical expenses of more than $10,500 and is expected to concur future medical expenses, plus a loss of income of $3,785.52.

Mills is seeking compensation of $100,000 to "fully, fairly and adequately compensate him for the injuries and damages sustained."

He demands a trial by jury. Mills is being counseled by D. Michael Burke, and the case has been assigned to Judge David Sanders.

Berkeley Circuit Court case number 06-C-968

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