WHEELING – An Ohio County couple's lawsuit accuses a truck driver of alleged negligent driving that caused them and their son permanent, severe injuries.
Tina Postlewait, individually and as mother and guardian of Peyton Postlewait, and Eric Postlewait filed a lawsuit April 18 in Ohio Circuit Court against James L. Moreira and New Prime Inc., doing business as Prime Inc., alleging negligence, vicarious liability and loss of consortium.
According to the complaint, on July 19, 2014 the plaintiffs were westbound on Interstate 70 in a 2009 Pontiac G6 when Moreira’s truck-tractor committed a lane violation, striking Postlewait’s car at approximately 6:46 p.m. The suit blames Moreira’s alleged reckless driving for the accident, which the complaint says caused the plaintiffs to incur ongoing medical expenses, pain and anguish, loss of earning capacity, and loss of capacity to enjoy life. Prime Inc. is sued for vicarious liability under a legal doctrine that blames employers for the actions of employees.
The plaintiffs seek compensatory damages to be determined in a jury trial, interest and litigation costs. They are represented by attorneys Justin J. Wiater and Donald K. Kresen of the Fitzsimmons Law Firm PLLC in Wheeling.
Ohio Circuit Court Case number 16-C-116