CHARLESTON - A man is suing Kelly Paving, along with other companies, after he claims he was injured in a vehicle collision and suffered injuries.
Margaret Ann Easton, administratrix of the Estate of Vivien M. Easton; PDK Construction Inc.; West Virginia Department of Transportation-Division of Highways; Bennett Bolt Works Inc.; R.G. Steel Corp.; Colorguard Rail Products Inc.; Gregory Industries Inc.; Nucor Steel Marion Inc.; Highway Safety Corporation; Highway Safety Inc.; and John Does 1 through 12 were also named as defendants in the suit.
On Dec 6, Vivien Easton was driving and operating a 2001 Mercury Mountaineer van and was driving north on Interstate 77 in Jackson County on her way to Wheeling, according to a complaint filed May 22 in Kanawha Circuit Court.
Ryan C. Cline claims Vivien Easton lost control of her van and left the highway and traveled into the median.
Cline claims he was traveling south on Interstate 77, just opposite of where Vivien Easton left her northbound lane and her vehicle proceeded to travel over and through the cable guardrail and directly into Cline's path, according to the suit.
The two vehicles collided and, as a result of the collision, Vivien Easton and four others lost their lives in the crash and Cline suffered severe physical and mental injuries, according to the suit.
Cline claims the defendants negligently, carelessly, knowingly, recklessly, wrongfully and intentionally designed, formulated, tested, manufactured, labeled, distributed, advertised, marketed, prescribed and placed the cable guardrail/barrier system
Vivien Easton operated her van in a negligent and reckless manner by failing to have the van equipped with safe tires, and by allowing the van to leave the northbound lane of traffic and travel into the southbound lane of Interstate 77, causing or substantially contributing to the collision, which resulted in Cline's injuries, according to the suit.
Cline is seeking compensatory and punitive damages. He is being represented by R. Edison of Hill, Peterson, Carper, Bee & Deitzler PLLC: and Mark A. Hunt of Mark A. Hunt & Associates PLLC.
Kanawha Circuit Court case number: 15-C-1027