Jury orders Orkin to pay $1.4M for traffic accident

By Kyla Asbury | May 26, 2011


CHARLESTON – After a five-day trial, a jury decided on May 20 that Orkin, LLC, must pay $1.424 million to an Elkview woman who was struck by an Orkin employee and injured in 2008.

On March 17, 2008, Cindy Mosier was driving her Toyota Corolla on U.S. 119 heading south and as she approached an intersection at the Oakwood Exit Ramp, she had a green light and proceeded through the intersection, according to a complaint filed Feb. 23, 2010 in Kanawha Circuit Court.

Mosier claimed at the same time James Denny, an employee of Orkin, was travelling north on U.S. 119 and attempted to turn left through the intersection onto the entrance ramp to Interstate 64.

As a result, Denny failed to yield the right-of-way and turned in front of Mosier, colliding with her car, according to the suit.

Mosier claimed she was injured and was treated at Charleston Area Medical Center. The accident report states that Denny failed to yield, that none of Mosier's actions contributed to the collision and that the traffic lights were working properly.

The collision caused Mosier to sustain injuries to her neck, shoulders and back, including a large disc herniation in her lumbar spine, which resulted in her having to have multiple surgeries, according to the suit.

Mosier had to have a microdiscectomy surgery and a spinal cord stimulator implanted into her body, according to the suit.

Orkin only offered Mosier $135,000, according to court records, which would not even cover her medical bills.

Charleston attorney Bobby Warner said he was pleased with the outcome.

"I'm pleased with the jury's finding," Warner said. "But, I'm most happy with the jury establishing a public policy that Kanawha County juries expect corporations to follow their own safety rules and procedures.

"This finding will protect people of our community for years to come."

Mosier was awarded $123,536.23 for past medical bills; $426,245 for future medical bills; $100,000 for pain and suffering; $25,000 for future pain and suffering; $100,000 for past mental anguish; $25,000 for future mental anguish; $100,000 for past loss of enjoyment of life; $25,000 for future loss of enjoyment of life; and $500,000 in punitive damages.

The case was assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-383

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