Man sues individual, unknown bar for accident

By Kyla Asbury | Mar 12, 2010

MORGANTOWN -- A Tucker County pedestrian who was struck by a vehicle while he was walking on the sidewalk, is suing the intoxicated driver of the vehicle and the unknown bar the driver had been before the accident.

On March 8, 2008, Tristan Hicks was walking on the sidewalk adjacent to Willey Street in Morgantown when he was struck by a vehicle driven by Sean Steven Wirth, according to a complaint filed in Monongalia Circuit Court.

Hicks claims Wirth violated the provisions of West Virginia code because he was driving while intoxicated.

Wirth's conduct in driving a vehicle while intoxicated constituted "carelessness, negligence, wantonness and recklessness," according to the suit.

Hicks claims he suffered serious injuries, including a loss of consciousness, lacerations, hypoxia, a wrist sprain, bruising to his spike, a broken tooth with an exposed nerve, changes in vision and a commuted fracture of the right tibia and fibula that required surgery and resulted in the permanent placement of pins in his right leg.

Wirth had been a patron at a bar or tavern before the accident, according to the suit, and the unknown bar "carelessly, negligently, recklessly, wantonly and in violation of the law, sold alcoholic beverages and/or drinks containing alcohol to Wirth when Wirth was visibly under the influence of alcohol, physically incapacitated and intoxicated," according to the complaint.

Hicks is seeking compensatory and punitive damages. He is being represented by Janet D. Preston and John W. Cooper of Cooper & Preston, PLLC.

Monongalia Circuit Court case number: 10-C-93

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