POINT PLEASANT — A Chillicothe, Ohio couple are suing Foster Sales & Delivery Inc., Iron Horse Dump Freight LLC, Danny E. Morris and John Does 1-10, vehicle owner, operator and driver, citing alleged insufficient measures were taken to prevent injuries.
Peter L. Simmons and Vanessa Simmons filed a complaint on Oct. 12, in the Mason Circuit Court against the defendants alleging that they defendant Foster failed to maintain proper control of his vehicle.
According to the complaint, the plaintiffs allege that, in Oct. 14, 2014, plaintiff Peter Simmons was lawfully operating a semi tractor-trailer when defendant Morris who was acting within the course of his employment with defendant Foster and/or Iron Horse and/or John Does 1-10, negligently crashed into the rear of plaintiff Peter Simmons' vehicle, causing him to sustain severe and permanent injuries. Plaintiff Vanessa Simmons has lost the service, society and companionship of her husband. The plaintiffs holds Foster Sales & Delivery Inc., Iron Horse Dump Freight LLC, Danny E. Morris and John Does 1-10 responsible because defendant Foster allegedly failed to keep proper lookout, failed to maintain safe distance and failed to drive the vehicle at a safe speed.
The plaintiffs request a trial by jury and seek judgment against defendants, jointly and severally, for compensatory damages, punitive damages, legal interest, attorney's fees, costs and all other relief as the court deems proper. They are represented by Bradley H. Layne of Kayser Layne & Clark PLLC in Point Pleasant.
Mason Circuit Court Case number 16-c-82