CHARLESTON -- A Barboursville couple is suing the West Virginia Department of Highways for injuries sustained from a motor grader accident.

On Sept. 15, 2010, Robert Lewis Compton was directed to operate a 400 Class 6-4 Cycle Turbo Champion articulated frame motor grader, according to a complaint filed Nov. 23 in Kanawha Circuit Court.

Compton claims while operating the grader, it "slipped on a steep grand and slid over a hill."

The grader did not have operable brakes or a seat belt, which caused Compton to be thrown from the grader, after which his body struck a tree, according to the suit.

Compton claims as a result of the actions, omissions and conduct of the defendant, he sustained severe and disabling injuries, including a left clavicle fracture with comminution.

The plaintiff also sustained pain and suffering; mental anguish and suffering; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; and annoyance and inconvenience, according to the suit.

Compton and his wife, Jessica Lynn Compton, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Guy R. Bucci and Mark A. Barney.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-2096

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