Harrison Co. couple sues W.Va. Paving for injuries

By Kyla Asbury | Jun 29, 2011

CHARLESTON -- A Harrison County couple is suing West Virginia Paving, Inc., after sustaining injuries.

Highway Safety, Inc., and Jonathan W. Campbell were also named as defendants in the suit.

On June 1, 2009, Mary W. Counts was working as a flag person on a road construction project on Interstate 64 and was flagging traffic when she was struck by a vehicle being driven by Campbell and was injured, according to a complaint filed May 26 in Kanawha Circuit Court.

Counts claims Campbell failed to maintain control of his vehicle and failed to avoid striking her and causing injuries.

As a result of the collision, Counts suffered severe injuries, according to the suit.

Counts claims the defendants also failed to establish a safe and proper system of traffic control at the construction site.

The defendants breached their duties by allowing Counts to be struck by the vehicle and injured, according to the suit.

Counts and her husband, Farley R. Counts, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Kevin S. Kaufman.

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

Kanawha Circuit Court case number: 11-C-872

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