Kanawha man sues after he was hit by vehicle while in his wheelchair

By Kyla Asbury | Apr 21, 2010

CHARLESTON -- A Kanawha County man is suing Ohio Farmers Insurance Company and an individual after he was struck by a vehicle while crossing Lee Street in his wheelchair.

On Oct. 30, 2008, Yuri Ellis was crossing Lee Street in the crosswalk when a vehicle driven by Christopher Carracher struck him and totaled his $40,000 wheelchair, according to a complaint filed March 24 in Kanawha Circuit Court.

Ellis claims Carracher was found at fault for the collision for failing to give him the right of way while he was in the crosswalk by the investigating police officer R.L. Francis.

Carracher was an employee of Ohio Farmers Insurance Company and "knew or should have known that pedestrians in crosswalks have the right of way," according to the suit.

Ellis sustained multiple fractures, including fractures to his radius, ulnar and femur; suffered a head injury, neurological injuries, bowel and bladder incontinence and injuries to his spinal column, foot and hips; sustained injuries to his lungs, heart and other organs; and had four teeth knocked out, according to the suit.

As a result of Carracher's negligence, Ellis also incurred medical and dental bills, according to the suit.

Ellis is seeking compensatory and punitive damages. He is being represented by Christopher T. Pritt and Michelle L. Johnson.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-566

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