West Virginia Record

Tuesday, January 28, 2020

Couple blames multiple defendants for truck crash that injured husband

By Philip Gonzales | Oct 5, 2016

Semi crash 05

CHARLESTON — A Kanawha County husband and wife are suing multiple defendants, alleging negligence in failing to prevent the crash of a tanker truck. 

Erik Fink and Wendy Fink filed a lawsuit in U.S. District Court for the Southern District of West Virginia against Spirit Services of WV LLC, Worldwide Equipment Inc., Paccar Inc., and Brandon Dow, doing business as 99 Solutions Group Inc., alleging negligence in failing to provide a worthy tanker truck.

According to the complaint, on Sept. 11, 2014, Erik Fink was traveling in Pennsylvania on Interstate Highway 79, driving a tanker truck with 4,000 gallons of water. The suit says faulty tires exploded while the truck was traveling downhill, causing it to crash to a guardrail and into a wooded area. 

The lawsuit states Fink sustained severe and life-threatening injuries and suffered great pain, emotional distress, lost wages and medical expenses. The plaintiffs allege the defendants failed to determine whether the faulty tires needed to be repaired or replaced, allowed the tanker truck to remain in a dangerous condition and failed to conduct necessary brake inspections.

Wendy Fink alleges lack of consortium. 

The Finks seeks trial by jury, judgment, jointly and severally, for compensatory damages, court costs and attorney fees, pre- and post-judgment interest and all other additional relief. They are represented by attorneys D. Blake Carter Jr. and J. Ryan Stewart of Bailey Javins & Carter LC in Charleston.

U.S. District Court for the Southern District of West Virginia Case number 2:16-cv-08669

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Bucci, Bailey and Javins