Diabetic ATV driver sues when allegedly struck, hurled into stream

By Carol Ostrow | Jul 15, 2015

RIPLEY—A Jackson County resident filed suit against two organizations, a municipal entity and one unidentified individual, claiming personal injuries as a result of vehicular negligence in a 2013 collision in Kentuck.

Rex Redford Deal of Kenna sued Southern Jackson Public Service District of Ripley, Tri-State Pipeline Inc. of Barboursville, Boyles & Hildreth Consulting Engineers Inc. of Spencer, and John Doe in Jackson Circuit Court on July 6, asserting negligence in a July 2013 crash.

The suit states that Deal was operating a Honda Foreman Rubicon, an all-terrain vehicle, traveling northward on Pigeon Roost Road in Kentuck on July 17, 2013. According to the filing, the defendants were engaged in the engineering, construction, maintenance or development of a water line along the route.

The complaint states that defendant Doe was simultaneously operating heavy equipment under the auspices of the defendants; and that in the course of the project, the defendants negligently severed Deal’s phone line. Alleging that because he is a diabetic he “relies on his phone to have his medical providers monitor his blood sugar levels,” Deal states that he went to the construction site to notify the defendants to have his phone line repaired.

According to documents filed, as Deal approached the site in his ATV, Doe began traveling backwards and his vehicle struck Deal’s, pushing it backwards and over the edge of the road. The plaintiff allegedly fell into a stream and his ATV landed on top of him.

Alleging failure to provide proper traffic control and warning devices and train and supervise personnel, Deal maintains that he has suffered pain, anguish, annoyance, inconvenience, diminished capacity to enjoy life, impairment and medical costs.

The plaintiff seeks compensatory and punitive damages, pre- and post-judgment interest, attorneys’ fees, and costs.

Deal is represented by Letisha Bika, Robert D. Cline Jr., Robert Campbell, and George E. Chamberlain IV of Farmer, Cline & Campbell in Charleston. The case has been assigned to Judge David W. Nibert.

Jackson Circuit Court case number 15-C-92.

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