MARTINSBURG – The defendant in a case of alleged reckless driving has petitioned to move the case from state to federal court.
The motion was filed May 13 in U.S. District Court for the Northern District of West Virginia.
In the original complaint, Johnie Lee Johnson Jr. accused Multi-Chem Group LLC and its driver, Richard Noel Cerciello, of reckless conduct and vicarious liability.
According to the claim, Johnson’s car was struck Jan. 14, 2014 by a Multi-Chem truck driven by Cerciello on Big Flint Road in Doddridge County. Johnson suffered injuries and incurred medical expenses as a result of the accident, the suit says.
Multi-Chem Group argues that the suit falls under federal jurisdiction because the parties are in different states and the amount in controversy exceeds $75,000.
Johnson seeks a jury trial, punitive and compensatory damages, interest, and litigation costs. He is represented by attorney Stephen B. Farmer and Eric M. Hayhurst of Farmer, Cline & Campbell PLLC in Morgantown.
U.S. District Court for the Northern District of West Virginia Case number 1:16-cv-00087