LOGAN – A Logan couple has filed suit against a Verdunville man alleging he struck the wife while she was crossing the street.
Phyllis Bailey and Larry Bailey filed a complaint on July 14 in the Logan Circuit Court against Cornelius Vance alleging negligence.
According to the complaint, the plaintiffs allege that on Aug. 25, 2015, plaintiff Phyllis Bailey was lawfully crossing Jefferson Avenue at the intersection of Main Street in Logan while the defendant was traveling eastbound, turning northbound, when he failed to yield and struck her. She alleges she sustained injuries to her body that resulted in great pain and suffering, loss of wages, diminution of earning capacity and incurred expenses of more than $37,000. The plaintiffs holds Vance responsible because the defendant allegedly recklessly operated the vehicle, failed to keep proper lookout and failed to yield right of way.
The plaintiffs request a trial by jury and seek judgment against defendant for a sum in the minimum jurisdictional limit of the court, plus prejudgment interest and costs. They are represented by Bruce L. Freeman of Freeman & Chiartas in Charleston and Robert M. Ilderton of Abraham & Ilderton PLLC in Logan. The case has been assigned to Circuit Judge William Douglas Witten.
Logan Circuit Court Case number 16-C-154