West Virginia Record

CHARLESTON – A Virginia woman has filed a federal suit against a trucking company and one of its employees, alleging she received a brain injury after a hit-and-run.

Jessica McKenzie claims she was driving her Mitsubishi Eclipse on Interstate 77 near Camp Creek in Mercer County on July 7, 2007.

Satinber Magbal was performing his job duties, driving a 1998 Volvo 610 Tractor owned by SLH Transport on the same day along the same road, according to the complaint filed in federal court.

Magbal was trying to merge into the passing lane, but McKenzie already was traveling in the lane, the suit states.

As Magbal attempted to merge into the lane, McKenzie was forced off the road and into the median, where her Eclipse "violently wrecked rolling several times and crossing in to the northbound lane of Interstate 77," the suit states.

McKenzie claims Magbal did not stop and instead fled the scene of the accident.

Magbal "has otherwise attempted to withhold any evidence of his involvement with the incident," the suit states.

As a result of the accident, McKenzie has suffered a traumatic brain injury and multiple lacerations, abrasions and contusions to her right hand and scalp, according to the complaint.

She claims she also sustained physical pain and suffering, mental anguish and suffering, permanent physical impairment, a loss of wages and benefits, a loss of future earning capacity, a loss of her capacity to enjoy life, medical expenses, annoyance and inconvenience and permanent scarring and disfigurement.

Magbal was negligent because he failed to exercise reasonable care and disregarded the safety of others, according to the complaint.

SLH Transport is liable for Magbal's negligent conduct, the suit states.

In the four-count suit, McKenzie is seeking unspecified compensatory and punitive damages, attorneys' fees, costs, interest and other relief the court deems proper.

J. Kristofer Cormany of Cormany Law in Charleston will be representing her.

U.S. District Court case number: 1:08-1157