CHARLESTON - A man filed his second suit against the West Virginia Department of Transportation-Division of Highways for an accident that occurred in 2011 and allegedly caused him injuries.

Caleb Bourgeois and John Doe were also named as defendants in the suit.

On July 5, 2011, James M. Copley was operating a vehicle on W.Va. 47 in Wood County when Bourgeois, an employee of WVDOT, turned across Copley's lane of travel while attempting to make a left turn, and caused a collision, according to a complaint filed June 12 in Kanawha Circuit Court.

Copley claims as a result of the collision, his vehicle was turned onto its side and he sustained injuries.

As a result of the defendants' wrongful conduct, Copley suffered and incurred medical expenses; pain and suffering; physical limitations; diminished capacity to enjoy life; annoyance and inconvenience; other economic loss; and other consequences and damages associated with his injuries, according to the suit.

Copley claims Bourgeois was negligent in failing to maintain control of the WVDOT-owned vehicle and failing to turn properly.

Doe owed and breached duties to the motoring public, including Copley, by engaging in conduct which negligently endangered Copley, according to the suit.

Specifically, Doe waved or otherwise indicated to Bourgois that it was safe for him to enter the oncoming lane of traffic, according to the suit.

Copley is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Robert D. Cline Jr., Robert A. Campbell and Letisha R. Bika of Farmer, Cline & Campbell PLLC.

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

This is the second lawsuit filed by Copley regarding this accident. The first was filed May 15 in Kanawha Circuit Court and only included the WVDOT as a defendant.

Kanawha Circuit Court case number 13-C-1124




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