Wyoming County motorist alleges trucking operator, driver caused crash

By Philip Gonzales | Sep 20, 2016

BECKLEY — A Wyoming County motorist is suing a trucking operator and a truck driver, alleging their negligence led to a crash that injured the plaintiff. 

BECKLEY — A Wyoming County motorist is suing a trucking operator and a truck driver, alleging their negligence led to a crash that injured the plaintiff. 

Martha McClellan filed a lawsuit Sept. 7 in Raleigh Circuit Court against New Bern Transport Corporation of Charleston and Kevin Wayne Martin of Jonben, alleging New Ben failed to adequately train Martin.

According to the complaint, on Oct. 13, 2014, McClellan driving east on state Virginia Route 3, near Ecles in Raleigh County, The suit says Martin was operating a motor vehicle while working for New Bern Transport and driving in the opposite direction when he struck McClellan's vehicle. 

The lawsuit states the collision caused McClellan to suffer permanent and disabling injuries. The plaintiff alleges Martin failed to maintain control of his vehicle and negligently allowed his trailer to enter the plaintiff's lane of travel.

McClellan seeks trial by jury, compensatory damages, medical expenses of not less than $15,700, punitive damages, and pre- and post-judgment interest. She is represented by attorney Timothy P. Lupardus of Lupardus Law Office in Pineville.

Raleigh Circuit Court Case number 16-c-575

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