CHARLESTON – A couple is suing Vertical Concrete Walls Inc. after they claim it breached its duty by failing to maintain control of its vehicle.

On Jan. 13, a one-ton work truck loaded with poured-wall forms and owned by the defendant was parked at the residence of Scott Whitman, which was locate on a hill above the residence of L.D. Whitman and Dorothy Whitman, according to a complaint initially filed June 22 in Jackson Circuit Court and removed to federal court on July 27.

The Whitmans claim the operator of the truck negligently failed to secure the truck in "park" or otherwise negligently failed to insure that the truck remained in place at the residence of Scott Whitman.

The truck rolled down the hill and crashed into the plaintiffs' retaining wall, outdoor swimming pool and surrounding deck, all of which are immediately adjacent to the plaintiffs' house, according to the suit.

The Whitmans claim the force of the truck crashing into their residence caused substantial damage.

The truck was within the exclusive control of the defendant at the time it rolled down the hill and into their residence, according to the suit.

The Whitmans claim the defendants breached their duty to maintain control over the truck.

The Whitmans are seeking compensatory damages. They are being represented by Leah R. Chappell Adams, Fisher & Chappell PLLC.

The case is assigned to District Judge Joseph Goodwin.

U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-11537

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