Pedestrian says man struck him with vehicle, sues owner of parking lot

By Kyla Asbury | Apr 18, 2013

CHARLESTON - A man who says he was struck by a vehicle in a parking lot owned by O.V. Smith & Sons Inc. is suing it for the injuries he suffered.

Garry D. Pauley and John Doe Entity were named as defendants in the suit.

On April 4, 2011, Paul Allen Harper was exiting the Rite-Aid Pharmacy in Elk Plaza and was walking toward his vehicle when he was struck by a 1999 Chevrolet S-10 pickup truck driven by Pauley, according to a complaint filed April 5 in Kanawha Circuit Court.

Harper claims Pauuley was driving in a negligent, careless and reckless manner and with utter disregard for his safety or the safety of others.

Pauley owed a duty of care to pedestrians, such as preventing Harper from operating the vehicle in a negligent, careless or reckless manner, according to the suit.

Harper claims as a result of Pauley's conduct, he suffered physical injury to his body; pain and suffering; emotional distress; annoyance and inconvenience; aggravation; and has incurred medical bills and expenses.

O.V. Smith owned, managed and/or occupied the parking lot at the Elk Plaza and had a duty to exercise ordinary care to keep and maintain the parking lot in a reasonably safe condition, according to the suit.

Harper claims as he was a business invitee, O.V. Smith had a duty to protect him from dangerous conditions and failed to do so.

John Doe Entity also negligently maintained their parking lot and breached their duty to keep the parking lot in a safe condition and due to that breach and negligence, Harper sustained injuries and damages, according to the suit.

Harper is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Troy N. Giatras of the Giatras Law Firm PLLC.

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

Kanawha Circuit Court case number: 13-C-677

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