LOGAN – A Logan County man claims he is entitled to uninsured motorist coverage after a collision with a school bus operated by an allegedly negligent driver.
Massie Damron filed his claim on Dec. 29 in Logan Circuit Court against Logan County Schools, Logan County Board of Education, The Cincinnati Insurance Co., The Cincinnati Casualty Co., the Cincinnati Indemnity Co. and one Jane Doe. Damron cites negligence on the part of Logan County bus driver for allegedly driving irresponsibly.
According to his complaint, Damron was traveling in a company-owned truck on Holden Road on Jan. 2, 2014, when a bus driving in the opposite direction allegedly swerved into his lane and caused a rear portion of the bus to strike a front portion of Damron’s truck. He claims Jane Doe’s action caused physical pain and annoyance. Since the accident, Damron was granted workers’ compensation and benefits. Damron’s truck was insured by his Cincinnati employers.
The Logan County Board of Education has asserted that it along with Jane Doe are immune from tort liability as it is a political subdivision. Damron claims that if this is the case, he is entitled to uninsured motorist coverage pursuant to West Virginia Code 33-6-31 (c) and Jenkins v. city of Elkins.
Damron seeks uninsured motorist coverage and a trial by jury. He is represented by Robert D. Cline Jr., Robert A. Campbell and R. Chad Duffield of Farmer, Cline and Campbell PLLC in Charleston. The case has been assigned to Circuit Judge William Douglas Witten.
Logan Circuit Court Case number 15-C-354
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