CHARLESTON – A couple is suing Skyline Transportation, Inc., claiming it caused a car accident on the interstate.
Con-way, Inc., doing business through its subsidiary Con-way Truckload, Inc., was also named as a defendant in the suit.
On Feb. 4, 2011, Joshua Ilderton was operating his vehicle on Interstate 64 near Nitro and was stopped in the left-hand lane due to traffic congestion, according to a complaint filed Dec. 21 in Kanawha Circuit Court.
Ilderton claims Robert Wright was operating a tractor trailer owned by Skyline when he failed to maintain control of the vehicle and struck Joshua Ilderton’s vehicle and caused him to be pushed into the vehicle in front of him.
Moments after the collision, another tractor trailer driven by Hyppolite Saget, and owned by Con-way, struck the Skyline vehicle, which struck Joshua Ilderton’s vehicle again, according to the suit.
Ilderton claims Wright and Saget were operating their vehicles in the scope and course of their employment for Skyline and Con-Way.
As a result of the negligence, carelessness and recklessness of the defendants, Ilderton’s vehicle was rendered a total loss and he was transported from the scene by ambulance to a hospital for medical treatment, according to the suit.
Ilderton claims he sustained serious injuries to his body and mind and incurred great pain and suffering; medical expenses; loss of enjoyment of life; and loss of his earning capacity.
Ilderton’s wife, Stacy Ilderton, has been denied society, services and companionship of her husband, according to the suit.
The Ildertons are seeking compensatory damages with pre-judgment interest. They are being represented by Gregory B. Chiartas.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 12-C-2511