CHARLESTON – A woman is suing United Financial Casualty Company and the driver of a vehicle that she was in when a car accident occurred.
Verba J. Johnson was the driver of a 2003 Ford E350 van.
On May 25, 2013, Freda Troyer was seriously injured in an automobile accident while riding as a passenger in Johnson's van that was used in conjunction with Johnson's business of transporting passengers for hire, according to a complaint filed in Kanawha Circuit Court and removed to federal court July 29.
Troyer claims Johnson negligently and recklessly ran off of the edge of the roadway, crossed the median and struck a concrete barrier while traveling south on Interstate 77 near Princeton.
At the time of the accident, Troyer was traveling to Myrtle Beach, S.C., as part of a group that had contracted Johnson for purposes of arranging transportation and had agreed to pay her for mileage and expenses, plus the cost of her lodging while in Myrtle Beach, according to the suit.
Troyer claims she sustained severe personal injuries and damages, including severe and permanent bodily injuries; past and future mental anguish, embarrassment, pain and suffering, annoyance and inconvenience and loss of enjoyment of life; expenses for care, treatment and hospitalization; lost wages; and loss of earning capacity.
Johnson was insured under a commercial automobile insurance policy issued by United Financial Casualty Company that provided liability limits of $300,000, according to the suit.
Troyer claims because the vehicle was a commercial vehicle designed and used to transport nine to 15 passengers, engaged in the interstate transportation of passengers for compensation, the vehicle was required to have in effect at least $1.5 million in public liability insurance.
Despite being aware of applicable laws with respect to the amount of public liability insurance Johnson was required to maintain, United Financial has refused to reform its policy to provide the required $1.5 million in public liability insurance, according to the suit.
Troyer is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Brent K. Kesner of Kesner & Kesner; and Kevin Harris of Harris & Holmes.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-11605