LOGAN – A Logan County husband and wife are suing a Logan County man and a Missouri woman over injuries allegedly sustained in a vehicle collision.
Kelly Schmitt and Shannon Schmitt filed a lawsuit in Logan Circuit Court against Raymond Scott Fleming, Stratton Logistics, doing business as Stratton Express, and Michelle Nichols, alleging negligence, gross negligence and negligent entrustment.
On Sept. 30, the suit states, Kelly Schmitt was operating a 2005 Chevrolet Cobalt on U.S. Route 119 in Chapmanville.
According to the suit, nearby, Nichols was operating a car hauler owned by Stratton Express, which she parked on the Route 119 shoulder to unload vehicles that were to be delivered to Thornhill GM Superstore. The suit states several Thornill GM employees requested Nichols use the access road to unload the vehicles, as it was built specifically for that purpose, but Nichols allegedly refused.
The suit states Nichols did not use emergency flashers or warning devices while she was parked immediately in front of the intersection of Trace Fork Road, which obstructed Fleming's view of oncoming traffic as he attempted to exit Trace Fork Road in his 2014 BMW 420XI and cross Route 119's southbound lanes to enter its northbound lanes. At this time, Fleming pulled into Kelly Schmitt's path and collided with her vehicle, the complaint states.
As a result, Kelly Schmitt suffered serious bodily injuries, and Shannon Schmitt suffered loss of consortium with his wife, the complaint states.
The plaintiffs seek damages, interests and a jury trial. They are represented by attorney Jeffrey S. Simpkins of Simpkins Law Office in Williamson. The case has been assigned to Circuit Judge William Douglas Witten.
Logan Circuit Court Case number 16-C-2