WEST VIRGINIA RECORD

CHARLESTON -- An inmate at St. Mary's Correctional Center is suing UPS after he was struck by one of its vehicles and injured.

The unknown United Parcel Service driver, the West Virginia Division of Corrections and William Fox, the warden of St. Mary's Correctional Center, also were named as defendants in the suit.

On May 4, 2011, Sonny Owens and other inmates were in the authorized recreation yard area when the UPS truck entered the yard to make a delivery to the medical unit, according to a complaint filed April 5 in Kanawha Circuit Court.

Owens claims the UPS driver drive recklessly and with excessive speed through the correctional center and to the medical unit and after making the delivery and leaving the medical unit, he again drove recklessly and with excessive speed, back through the center where inmates were pedestrians on the recreation yard.

While driving recklessly and at excessive speed, the UPS driver hit Owens with the truck and failed to stop after striking him, according to the suit.

Owens claims he was left injured and unattended for several minutes and St. Mary's correctional staff stopped the UPS driver at the center's exit gate to notify him of the accident.

The defendants' actions caused Owens to suffer injuries, according to the suit.

Owens is seeking compensatory damages in the amount of $410,000 and punitive damages in the amount of $1,220,000. He is representing himself.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-608