Driver alleges he was injured in accident on haul road at mine

By Lhalie Castillo | Jun 13, 2016

LOGAN – A coal truck driver alleges he was injured when another truck lost its brakes and collided with him.

LOGAN – A coal truck driver alleges he was injured when another truck lost its brakes and collided with him.

Kenneth Shrewsberry filed a complaint on May 31 in Logan Circuit Court against Mark Marcum, West Virginia Tarping LLC and Stollings Trucking Co. Inc. alleging negligence.

According to the complaint, the plaintiff alleges that in June 3, 2014, he was operating a Kenworth coal truck, waiting at the scales on the road at Surface No. 4, when a coal truck operated by Marcum lost its brakes, causing it to hit plaintiff's truck. Because of the collision, the plaintiff alleges he acquired serious and permanent injuries.

The plaintiff holds Marcum, West Virginia Tarping LLC, and Stollings Trucking Co. Inc. responsible because the defendant Marcum allegedly was not properly trained to operate the coal truck and failed to use it with caution. The suit also states that the defendants failed to perform regular maintenance on the truck and violated state law by allowing multiple trucks on the haul road.

The plaintiff requests a trial by jury and seeks an amount as this court deems appropriate, costs incurred, attorney fees, and such other and general relief as the court may deem just and proper. He is represented by Christopher M. Davis of Wooton, Davis, Hussell & Ellis PLLC in Beckley. The case has been assigned to Circuit Judge Eric O'Briant.

Logan Circuit Court Case number 16-c-114

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