HINTON – A Summers County man is suing a Hilldale tavern, alleging premises negligence when he says he was struck on the road by an overserved and unlicensed driver who had patronized the defendant’s bar.
Jerry C. Wheeler of Hinton filed a lawsuit in Summers Circuit Court against E. Lilly’s and Edward Lilly II , doing business as the Lilly Pad, alleging negligence involving a drinking spree at the establishment in 2013.
According to the complaint, on July 26, 2013, Shawn Lawson and William Pete Wheeler Jr. were drinking alcohol excessively as patrons of the Lilly Pad. The suit says Lawson lacked a driver’s license and was unfit to operate a motor vehicle.
The plaintiff alleges the establishment negligently served Lawson and Wheeler Jr. so that they became further intoxicated and impaired, and that Wheeler Jr. subsequently negligently entrusted his BMW automobile to Lawson.
The suit states plaintiff Jerry C. Wheeler was driving his Toyota truck westbound on state Route 3 near Talcott in Summers County when Lawson, who had just left the Lilly Pad in Wheeler Jr.’s vehicle, collided with Jerry Wheeler’s truck about a mile from the Lilly Pad.
The suit charges William P. Wheeler Jr. with driving without a license, driving while under the influence of alcohol, operating a motor vehicle at an excessive speed, and crossing the center line of the road before violently crashing into the plaintiff’s auto.
The plaintiff alleges injuries including cuts, abrasions, broken and dislocated bones, and numerous internal injuries. He says he sustained pain, suffering, anguish, impairment, lost ability to enjoy life, lost income and medical expenses
The plaintiff provided an itemized list of damages totaling $209,470.90 and says he lost more than $100,000 in income and an estimated $500,000 in future lost earnings.
Jerry C. Wheeler seeks compensatory and punitive damages of $10 million, pre- and post-judgment interest, attorney fees and costs. He is represented by attorney E. Kent Hellems of Hinton. The case has been assigned to Circuit Judge David W. Nibert.
Summers Circuit Court case number 15-C-31.