Auction driver ran over man, lawsuit says

By Kyla Asbury | Sep 5, 2013

Kanawha County Courthouse

CHARLESTON - A man is suing Mountain State Auto Auction for injuries he allegedly sustained when he was struck by a vehicle.

Mountain State Auto Auction is doing business as Capitol City Auto Auction.

An unknown defendant was also named as a defendant in the suit.

On July 20, 2012, Frederick Carter, an employee of Labor Ready Temporary Service was assigned to the Capitol City Auto Auction and was injured between 11:30 a.m. and 1 p.m., according to a complaint filed Aug. 16 in Kanawha Circuit Court.

Carter claims he was struck by a vehicle being driven by an unknown defendant who was an employee of Capitol City Auto Auction and pinned between a gas truck and a parked car.

The defendants had carelessly, recklessly, willfully, negligently and in total disregard for the safety of others using the vehicle, according to the suit.

Capitol City Auto Auction was negligent in failing to advise its employee or agent of the problem with the vehicle in question, according to the suit.

Carter claims as a direct and proximate result of the defendants' disregard for the safety of others, Carter suffered medical expenses in approximately $4,662.

The defendants' negligence caused Carter to suffer pain of body and mind; discomfort; inconvenience; diminution in his ability to enjoy life; and other injuries and damages, according to the suit.

Carter is seeking compensatory and punitive damages. He is being represented by Katherine L. Dooley of the Dooley Law Firm PLLC.

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

Kanawha Circuit Court case number: 13-C-1562

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