Woman sued after she was hit by vehicle

By Kyla Asbury | Oct 20, 2009

HUNTINGTON -- A pedestrian struck by a vehicle is suing the man who hit her.

In a complaint filed Oct. 8 in Cabell Circuit Court, Denisha N. Biggs claims she was walking along the side of the southbound lane of Howells Mills Road on May 23 attempting to flag down oncoming vehicles in search of a ride from the area.

A vehicle operated by Jeremy Sweat stopped in the northbound lane and spoke with Biggs and her friend, Melissa Browning.

During this conversation, a vehicle owned by Sara Heaberlin and driven by Travis Heaberlin struck Biggs, causing serious and permanent injury, according to the suit.

Biggs claims it was Sara Heaberlin's duty to not entrust her vehicle to Travis Heaberlin and that she was aware that he would not operate the vehicle in a safe manner.

According to the suit, an investigation revealed Travis Heaberlin had previously been charged with a felony count of cruelty to animals, where he plead to a misdemeanor count of cruelty to animals, he had been cited for reckless driving in Cabell County Magistrate Court, which was dismissed upon his guilty plea to speeding.

Biggs is suing for past, present and future medical expenses; pain and suffering; emotional distress; permanent scaring; loss of wages; permanent disfigurement; and nuisance and inconvenience. She is being represented by R. Lee Booten II.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 09-C-816

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