Cabell man files federal suit after parking-garage accident

HUNTINGTON -- A Cabell County resident has filed a federal lawsuit against an Ohio man, alleging he received neck, back and shoulder injures after a rear-end collision in the Pullman Square parking garage.

Michael S. Plymale claims the vehicle he was driving in the garage was struck by the 1999 Ford F150 Mark A. Roby was driving, according to a complaint filed Sept. 10 in federal court.

Plymale was waiting in line to pay when Roby hit him from behind, said Troy N. Giatras, Plymale's attorney.

As a result of the accident, which happened on Sept. 16, 2006, Plymale suffered from neck, back, shoulder, physical and psychological injuries that are permanent, the suit states.

Plymale claims he has been responsible for medical costs and has suffered from pain and mental anguish.

He alleges he also has seen a decrease in his earning and earning capacity and his value and enjoyment of life.

Plymale suffered property damage to his vehicle and suffered a loss of use, annoyance and inconvenience, along with a decrease in the value of his automobile, the suit states.

Plymale is seeking unspecified compensatory damages, attorney's fees and costs.

Giatras said the suit was filed in federal court because Roby lives in Chesapeake, Ohio, which is just across the Ohio River from Huntington.

U.S. District Court case number: 3:08-1055