Herd basketball player files federal suit over accident

By Chris Dickerson and Kelly Holleran | Mar 19, 2009


HUNTINGTON – A Marshall University athlete has filed a federal suit against a trucking company and one of its drivers, alleging an accident has caused his basketball career to suffer.

Octavius Spann claims he received permanent injuries after he was involved in an accident with a truck driver for Dependable Rolloffs on U.S. 60 in Huntington near the Fifth Avenue intersection.

Spann was driving north on the road when Dependable driver, Ernest Webb, who was driving south, struck Spann's vehicle, according to the complaint filed Feb. 11 in U.S. District Court.

Because of the accident, Spann claims he suffered pain of the body and mind, incurred medical bills, lost wages and will lose future income.

He also says he has lost the ability to enjoy life and the ability to participate fully on the basketball team, according to the complaint.

Spann, who grew up just outside of Atlanta, transferred to Marshall from Georgetown after the 2006-07 season. He sat out the 2007-08 season in compliance with NCAA transfer rules. His brother Emmanuel was a member of the Thundering Herd football team.

In the season that just ended for the Herd, Spann started two of 29 games in which he appeared, averaging 12.6 minutes per game. He averaged 2.6 points and 2.4 rebounds per game.

In his suit, Spann is seeking unspecified damages plus costs and pre-judgment interest.

He is represented by Burt Ketchum and Lawrence J. Tweel of Greene, Ketchum, Bailey, Walker, Farrell and Tweel in Huntington.

U.S. District Court case number: 3:09-0125

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