Motorist blames trucker, freight carrier for injuries at stoplight

By Robert Hadley | Apr 27, 2016

KEYSER – A Mineral County man says a freight company and its driver are responsible for injuries he suffered from a collision at a stoplight.

Herman L. Paugh filed a lawsuit April 21 in Mineral Circuit Court against Scott Leon Wallech and J.P. Trucking Inc., alleging negligence, reckless driving and agency (respondeat superior).

According to the complaint, Paugh’s 1995 Nissan Pathfinder was waiting at a stoplight on April 25, 2014 at the intersection of U.S. 220 and Southern Drive in Keyser. The suit says Wallech, driving a commercial truck for J.P. Trucking, rear-ended his vehicle, violently throwing him about the interior. Paugh claims his injuries affected his neck, upper and lower spine, left leg, and other areas, requiring hospitalization and ongoing treatment and expense.

J.P. Trucking is sued under the legal principle of respondeat superior, which blames employers for the actions of employees while on the job.

Paugh seeks punitive damages for reckless driving; compensatory damages for his injuries, medical bills, lost wages; and interest and litigation costs. He is represented by attorney Anthony W. Rogers of Kirkwood & Rogers P.A. Inc. in Keyser.

Mineral Circuit Court Case number 16-C-25

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