Fayette Co. couple sue McDonald's for car accident

By Kyla Asbury | May 17, 2013

CHARLESTON - A Fayette County couple are suing McDonald's USA LLC for a car accident that caused severe injuries.

Arbutus Beaver, McDonald's Corporation and McDonald's Restaurants of West Virginia Inc. were also named as defendants in the suit.

On June 20, 2011, Brittany Evans was operating a 2011 Toyota Corolla and was traveling southbound on Interstate 77 with Nicholas Evans as a passenger, according to a complaint filed May 8 in Kanawha Circuit Court.

The Evanses claim Beaver, who was operating a 2008 Ford Taurus owned by McDonald's, struck their vehicle in the rear and caused them injuries.

While the Evanses and the two cars directly in front of their vehicle slowed  as a result of slow-moving traffic caused by a motor vehicle collision further down the roadway, Beaver approached the plaintiffs' vehicle from the rear and carelessly, negligently and/or recklessly failed to slow her vehicle so as to prevent it from striking the rear of the plaintiffs' vehicle, according to the suit.

The Evanses claim Beaver struck the rear of their vehicle with such force that it was propelled forward into the rear of a Honda Civic operated by Michael Ramos, which was then thrust forward into the rear of a Suzuki XL7 operated by Gregory Reeves.

Beaver's actions caused the Evanses to suffer medical expenses; pain and suffering; physical limitations; diminished capacity to enjoy life; annoyance and inconvenience; and other consequences and damages, according to the suit.

The Evanses claim Beaver's actions also caused Nicholas Evans to suffer lost wages and impairment of future earning capacity.

As a result of the defendants' wrongful conduct, Brittany Evans has suffered a loss of her husband's consortium as a consequence of his injuries, according to the suit.

The Evanses are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Robert D. Cline Jr. and Brian E. Bigelow of Farmer, Cline & Campbell PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-905

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