MOUNDSVILLE – A Cameron husband and wife are suing an excavation company and one of its employees over injuries sustained in a vehicle collision.

Nancy C. Cain and Jack Cain filed a lawsuit May 27 in Marshall Circuit Court against Bill Wise Excavating and James D. Gillin Jr., alleging negligence.

On July 2, 2014, the suit states, Nancy Cain was a passenger in a vehicle being driven by Ashley Cain on Dry Ridge Road in Marshall County, when a vehicle being driven by Gillin struck the Cains' vehicle.

The suit states that Gillin, who was acting in the scope of his employment with Bill Wise Excavating at the time of the collision, was negligent in failing to maintain control of his vehicle, failing to exercise due care, speeding, and driving in a reckless or careless manner.

As a result, Nancy Cain sustained a closed fracture to her thoracic vertebra, injuries to her chest and ribs, headaches, and injuries to other body parts, for which she has incurred medical expenses.

The Cains seek compensatory and general damages, interests, attorneys' fees and costs of the suit.

They are being represented by attorneys Scott S. Blass and John E. Artimez Jr. of Bordas & Bordas in Wheeling. The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number 15-C-89

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