Pedestrian sues after being struck by vehicle

By Kyla Asbury | Oct 28, 2009

WAYNE -- A pedestrian is suing three people after being struck by a vehicle that caused injuries.

Eva McComas was walking along W.Va. 37 in East Lynn when she was struck by a vehicle driven by Heath Marks, according to a complaint filed in Wayne Circuit Court on Sept. 3.

McComas claims Marks negligently, recklessly and carelessly operated his vehicle when he struck her.

Marks' vehicle was owned by an unnamed person or persons named John and Jane Doe, according to the suit.

Marks was allegedly operating his vehicle without due causation or circumspection and in utter disregard of the safety of others, failed to keep a proper lookout for pedestrians, dialed to yield the right of way and failed to maintain control of his vehicle.

John and Jane Doe were negligent, reckless and carless in the entrustment of the vehicle to Marks, according to the suit.

McComas claims she suffered permanent bodily injuries that have caused her extreme physical and mental pain and suffering and will cause her to suffer the same in the future. She also claims to have incurred medical expenses for these injuries and has been unable to pursue her normal activities, has suffered a loss of ability to function as a whole person and ability to enjoy life.

McComas is suing for compensatory and punitive damages. Chad D. Barry is representing her.

The case has been assigned to Circuit Judge Darrell Pratt.

Wayne Circuit Court case number: 09-C-184

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