DOT, employee sued for wrongful death of Mason Co. man

POINT PLEASANT – A Mason County man alleges a state employee is responsible for the death of his son following a 2009 automobile accident.

Samuel R. Legg filed suit in Mason Circuit Court on Feb. 2 against the state Department of Transportation, and the state of West Virginia. In his complaint, Legg, 57, of Leon, alleges a collision between Lisa H. Pete, a DOT employee, and his son, Chad, left Chad with serious injuries that resulted in his death almost a year later.

Pete, 47, of Charleston, is listed as a co-defendant in the suit.

According to the suit, Chad, was heading westbound on Sixth Street in Point Pleasant on Feb. 3, 2009, in his 2004 Jeep Grand Cherokee. While stopped at the traffic light at the intersection of Viand Street, Legg alleges Chad's vehicle was rear ended by a 1997 Jeep Cherokee Utility Wagon driven by Pete.

At the time of the accident, Pete was performing her duties as a DOT employee, and driving one of its vehicles. The collision, Legg alleges, left Chad with permanent damages to his "bones, ligaments, tendons, muscles, nerves and other tissues."

According to an obituary in The Point Pleasant Register, Chad later died on April 12. He was 22.

In his suit, Legg alleges as a result of the accident, Chad incurred "physical pain, discomfort, mental anguish and nervous and emotional damage and disorder." Also, Legg says the family incurred funeral expenses following Chad's death.

Legg seeks unspecified damages, interest, court costs and attorney fees. He is represented by Point Pleasant attorney James M. Casey.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court case number 11-C-15