Woman sues after being hit by Mack truck

By Cara Bailey | Aug 2, 2007

MORGANTOWN - A Monongalia County woman has filed a lawsuit seeking damages after she was hit by a Mack truck.

Teresa Marie Cummins, along with her husband Timothy, filed the suit July 13 in Monongalia Circuit Court, against Savage Industries, Inc. and Thomas Erwin.

Erwin, from Morgantown, was operating a 2002 Mack tractor-trailer owned by Savage on Aug. 24, 2005. Erwin was driving north on U.S. 19, and Teresa Cummins, driving a 1996 Saturn, was going south on the same road.

According to the suit, Erwin failed to maintain control of the truck and it crossed into the southbound lane of 19, and struck Cummins.

Cummins claims she broke her tibia and fibula in her right leg, fractured her medial malleolus and her left hand and has dislocated fingers, as well as bruises, contusions and abrasions.

She claims she has incurred more than $62,000 in medical expenses and will "with reasonable certainty," incur more expenses in the future.

Timothy Cummins claims he has lost the companionship and consortium of his wife.

Together, they seek an amount to fully and fairly compensate them for the injuries and damages they have sustained.

Attorney William L. Frame represents the Cummins.

Monongalia Circuit Court case number 07-C-461

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