West Virginia Record

Saturday, December 14, 2019

Logan Co. parents blame Bizzack Construction for childrens' injuries

By Carol Ostrow | Aug 21, 2015

Windshield cracked

LOGAN—Two Logan County families are suing a construction business on behalf of their minor children on charges stemming from an automobile accident which the plaintiffs say was the defendant’s fault.

Allison and Roy Lambert, parents and next friends of Joshuah Lambert, and Bridgett and James Miller, parents and next friends of Corey Miller, filed a lawsuit July 16 in Logan Circuit Court against Bizzack Construction, requesting court-ordered ruling in a 2013 accident settlement.

According to the complaint, on July 11, 2013, Roy Lambert was driving the two children in his car in Lyburn, Logan County and as the vehicle passed through a construction area where the defendant was performing excavation work, a piece of rock became dislodged, traveled through the air, and struck and shattered Lambert’s windshield. The suit says the children were hurt.

According to the lawsuit, the children were transported by ambulance to Logan General Hospital, where they were treated and released. The boys’ parents say they are petitioning the defendants in order to reclaim economic damages from medical costs for each child, stipulating that treatment for Joshuah Lambert totaled $980.89, while the bill for Corey Miller came to $1,210.79.

The lawsuit states while no further medical intervention is expected, the respective parents paid out-of-pocket expenses in the form of subrogation liens and/or deductible amounts. Alleging they have reached a tentative agreement, the parties say a negotiated settlement will be $25,000 per child.

The plaintiffs seek a structured annuity personal injury settlement imposed by the court to allow for a tax-free dispensation to the children in funds accessible to them only when they reach the age of 18 (both minors will turn 18 Sept. 20, 2020). The plaintiffs seek a waiver of requirements involving a fiduciary officer or commissioner. They also request appointment of a guardian for each minor, a hearing to settle details and provide documentation, attorney fees and costs.

The Millers and Lamberts are represented by attorney J. Timothy DiPietro in Charleston. The filing was submitted by the respondent’s attorney, Kathryn Morrow of the Law Offices of Terry L.M. Bashline in Pittsburgh.

Logan Circuit Court case number 15-C-205.

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Organizations in this Story

Bizzack ConstructionDiPiero Simmons McGinley & Bastress PLLC