Woman blames Kanawha Sheriff's Department for injuries

By Kyla Asbury | Sep 24, 2012

CHARLESTON -- A woman is suing the Kanawha County Sheriff's Department after she was struck by a Sheriff's Department vehicle and was injured.

The Kanawha County Commission was also named as a defendant in the suit.

On Sept. 14, 2010, Penni Sue Davis was a pedestrian on private property in Cross Lanes when Deputy A.D. Cosby, a deputy of the Kanawha County Sheriff's Department, was operating a vehicle parked in the driveway at the same residence, according to a complaint filed Aug. 21 in Kanawha Circuit Court.

Davis claims while Davis was standing beside the vehicle, Cosby put it into reverse and began to back out of the driveway when she negligently caused the vehicle to strike her and cause her injuries.

At the time of the incident, Cosby was acting in the course and scope of her employment with the Kanawha County Sheriff's Department and the Kanawha County Commission, according to the suit.

Davis claims as a result of the defendants' actions, she suffered severe injuries to her body; medical expenses; pain and suffering; physical limitations; diminished capacity to enjoy life; annoyance and inconvenience; and other consequences and damages.

The defendants are liable for Cosby's negligence because she is an employee/agent of the Sheriff's Department and the Commission, pursuant to West Virginia Code, according to the suit.

Davis is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Robert D. Cline Jr., Robert A. Campbell and Eric M. Hayhurst.

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

Kanawha Circuit Court case number: 12-C-1681

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