POINT PLEASANT – Two Point Pleasant residents are suing a national insurance company to recover proceeds from injuries one of the residents sustained in a vehicle collision.
Betty S. Whitt and Archie Whitt filed a lawsuit Dec. 1 in Mason Circuit Court against State Farm Mutual Automobile Insurance Co.
In December 2013, the suit states, Betty Whitt was driving a 1999 Pontiac Grand AM southbound on Viand Street between its intersections with Third and Fourth streets in Point Pleasant. Whitt was stopped at a stop light when James Michael Tustin allegedly failed to maintain control of his vehicle and rear-ended Whitt's vehicle, causing Whitt severe and permanent injuries.
Because Tustin's liability policy limit was insufficient to fully compensate the plaintiffs for their damages, according to the suit, they now seek underinsured motorists proceeds from Betty Whitt's own State Farm Mutual Automobile Insurance policy.
The plaintiffs seek compensatory damages against State Farm of less than $75,000, exclusive of any interests or costs. They are represented by attorneys Matthew L. Clark and C. Dallas Kayser of Kayser Lane & Clark in Point Pleasant. The case has been assigned to Circuit Judge David W. Nibert.
Mason Circuit Court Case number 15-C-136