Pedestrian sues Cunningham Energy for injuries after being struck by car

CHARLESTON -- A Sissonville woman is suing Cunningham Energy after she was struck by a vehicle in the Kroger parking lot.

James D. Lowe, a Cunningham employee, was also named as a defendant in the suit.

On March 10, 2011, Charlotte L. Smith was exiting Kroger and was proceeding through the parking lot when Lowe struck her with a Cunningham-owned vehicle, according to a complaint filed March 12 in Kanawha Circuit Court.

Smith claims Lowe's actions violated West Virginia laws and other various safety rules and regulations.

Lowe failed to maintain his vehicle under reasonable and proper control and was driving at a greater speed than was reasonable and prudent, according to the suit.

Smith claims she sustained severe injuries to her head and face, including blowout fracture of the left orbital rim and orbital floor of her eye; a concussion with loss of consciousness; hand abrasions and friction burns; edema; injuries to the distal phalanx of her thumb; fractures to her left maxillary sinus; paresthesia of the infra orbital nerve extending to the lateral nose and upper lip; an alveolar ridge fracture in the anterior left maxilla; numbness in her teeth and other dental injuries; problems with her balance; severe neurological injuries; and medical expenses of approximately $50,000.

Cunningham was negligent in allowing Lowe to drive its vehicle, according to the suit.

Smith is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Robert V. Berthold III and Robert V. Berthold Jr.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-461