RIPLEY—A Jackson County couple is suing an Ohio-based construction corporation and its owner, alleging negligence led to a truck causing structural damage to the plaintiffs’ home.

L.D. Whitman and Dorothy Whitman filed a lawsuit June 22 in Jackson Circuit Court against Vertical Concrete Walls Inc. of Gallipolis, Ohio, and R. Richard Martin, alleging negligence in a January accident they say caused substantial damage to their residence and outdoor structures.

According to court documents, on Jan. 13, a 1-ton work truck loaded with pre-built walls belonging to the Vertical Concrete was parked at the residence of Scott Whitman, and his property was on a hill above that of the plaintiffs. The suit says the truck operator negligently failed to shift the vehicle into “park” or otherwise failed to secure the truck’s location, and the vehicle rolled downhill, crashing into the couple’s retaining wall, swimming pool and deck, all adjacent to their house.

The lawsuit states the accident caused substantial property damage to the surrounding structures as well as the house itself.

The plaintiffs allege breach of duty, property damage, economic loss, annoyance and inconvenience.

The Whitmans seek general and special damages, pre- and post-judgment interest, attorney and expert witness fees and court costs. They are represented by attorney Leah Chappell of Adams, Fisher & Chappell in Ripley. The case has been assigned to Judge Thomas C. Evans III.

Jackson Circuit Court case number 15-C-87.

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