MARTINSBURG – A scheduling order was recently entered in a Berkeley County car crash case that sets up an Oct. 29 trial.

Judge Christopher Wilkes entered the scheduling order on March 19, setting up a trial on Scott Cullen’s claim that a January 2010 car accident caused his heart attack. Cullen filed his lawsuit on Jan. 30, 2012, against Charles Davidson, of Martinsburg.

Cullen, of Bunker Hill, claims Davidson rear-ended him.

“As a direct and proximate result of the negligence and recklessness of Defendant… the plaintiff… suffered a heart attack,” the complaint says.

Cullen says he has incurred medical, hospital and related expenses of more than $127,000. He is also seeking punitive damages.

Cullen is represented by Lawrence Schultz of the Martinsburg personal injury firm Burke, Schultz, Harman and Jenkinson.

According to court records, Davidson was on his way home from grocery-shopping at Wal-Mart, was not on his cell phone at the time of the crash and incurred $5,314.95 in damages to his car.

Davidson is represented by Brian J. Warner of Shuman, McCuskey & Slicer’s Morgantown office.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

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