West Virginia Record

Friday, July 19, 2019

Woman sues for daughter hit by drunken driver

By Cara Bailey | Aug 2, 2007

MARTINSBURG - A Berkeley County woman has filed a suit on behalf of her daughter who was hit by a drunken driver while walking down a Martinsburg street.

Gail Cox filed a suit July 3 in Berkeley Circuit Court on behalf of her daughter Rachel Cox. The suit names James Michael Barrett as the defendant.

According to the suit, Rachel Cox and one of her friends were walking on Central Avenue in Martinsburg on June 2, 2004. Barrett was driving a Plymouth Voyager van on the same road.

According to the suit, Barrett lost control of the can and struck Cox from behind, then continued driving.

Cox was injured and has incurred $6,200 in medical expenses and is expected to incur expenses in the future.

Gail Cox claims Barrett was negligent in the operation of his vehicle and drove recklessly.

Gail Cox seeks $25,000 in compensatory damages to fully, fairly and adequately compensate her for the injuries and damages sustained. She also seeks $25,000 in punitive damages.

D. Michael Burke is representing Cox. The case has been assigned to Judge Gray Silver.

Berkeley Circuit Court case number 07-C-573

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