Mother sues Southern Amusement for sons' injuries

By Kyla Asbury | Mar 17, 2010

WAYNE -- A mother is suing two men and Southern Amusement Co. Inc. after her sons were injured.

On Feb. 3, 2008, Jeremiah Ferguson and James Ferguson Jr. were standing by the side of the road when James Madison Ferguson lost control of his vehicle and hit the guardrail, partially blocking W.Va. 37 with his vehicle, according to a complaint filed Feb. 3 in Wayne Circuit Court.

Jeremiah Ferguson was standing still, waving his arms to alert oncoming motorists to the stranded vehicle when James E. Francis, who was an agent of Southern Amusement Co., struck Jeremiah Ferguson and/or caused him to have to dive over the hill to avoid being hit, according to the suit.

James Ferguson Jr. was standing near James Madison Ferguson's vehicle when Francis struck the vehicle, causing it to slam into his body and cause him injuries, according to the suit.

Phyllis Ferguson, who is the mother of Jeremiah and James Ferguson Jr., claims the defendants failed to keep a proper lookout, keep their vehicles under control, drive a safe and reasonably speed and keep the vehicles in the lane of traffic they were travelling in.

The plaintiffs sustained physical pain and suffering, mental pain and suffering, loss of enjoyment of life, lost wages, permanent physical impairment and an increased risk of arthritis and other disease and physical ailments and medical costs.

The plaintiffs are seeking compensatory damages. They are being represented by Scott G. Stapleton.

The case has been assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 10-C-29

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