HUNTINGTON - A Cabell County couple are suing Heiner's Bakery for allegedly causing a car accident that caused them injuries.
Earthgrains of West Virginia is doing business as Heiner's Bakery.
Richard A. Patrick and Bimbo Bakeries USA Inc. were also named as defendants in the suit.
On July 9, 2011, Estelle Johnson was operating a 2005 GMC Envoy on U.S. 52 in Lawrence County, Ohio, when Patrick, who was operating a 1999 Chevrolet delivery ruck during the course of his employment with the defendants, struck Johnson's vehicle, according to a complaint filed July 2 in Cabell Circuit Court.
Johnson claims Patrick was engaging in the delivery of goods from the defendants' customers in southern Ohio.
Patrick negligently and recklessly operated the delivery truck, including a cited failure to keep an Assured Clear Distance Ahead, causing the defendants' delivery truck to violently strike the rear of Johnson's vehicle, according to the suit.
Johnson claims as a direct and proximate result of Patrick's negligent driving, Johnson sustained injuries to her person and her husband, David L. Johnson, suffered a loss of spousal consortium by virtue of the physical injuries suffered by his wife.
The Johnsons are seeking compensatory damages. They are being represented by James E. Spurlock of Spurlock Law Office.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 13-C-454