Mingo man sues Speedway, others after he was injured by drinking teen driver

By Kyla Asbury | Oct 12, 2010

WILLIAMSON -- A Mingo County man is suing Speedway SuperAmerica after he claims it sold alcohol to a minor and caused him to be injured.

Michael Blankenship, George Underwood and AllState Insurance Company were also named as defendants in the suit.

On Sept. 1, 2008, Robert H. Philpott, who was under the age of 18 years old, was a passenger in a vehicle operated by Blankenship, who was 18 years old, according to a complaint filed Aug. 27 in Mingo Circuit Court.

Philpott claims Underwood, who was employed by Speedway SuperAmerica, negligently, carelessly, wrongfully and/or intentionally sold alcoholic beverages to Blankenship, while he knew or should have known that Blankenship was driving or could be driving a vehicle.

As a result of the negligence, Blankenship became intoxicated after ingesting a large amount of alcohol and wrecked his vehicle, according to the suit.

Philpott claims he incurred medical bills and expenses; suffered physical and mental pain and emotional distress; was disfigured; suffered a permanent disability; lost enjoyment of life; lost income; and was damaged in other ways.

Philpott is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Marvin W. Masters.

Mingo Circuit Court case number: 10-C-257

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