Car accident results in three lawsuits against Quality Distributing

By Kyla Asbury | Feb 20, 2017

BECKLEY – Three lawsuits have been filed against Quality Distributing after the plaintiffs claim one of its drivers caused a car accident.

BECKLEY – Three lawsuits have been filed against Quality Distributing after the plaintiffs claim one of its drivers caused a car accident.

QC Energy Resources Inc.; Quality Carriers Inc.; Transport Holdings Inc.; and Robert D. Smith were also named as defendants in the suits.

On Dec. 15, 2015, a vehicle occupied by Martha Walker, Shannon Walker and Peyton Walker was struck by the defendants’ vehicle that was operated by Smith, according to three lawsuits filed Jan. 31 and Feb. 1 in Raleigh Circuit Court.

Martha Walker and Jack Walker; Shannon Walker; and Peyton Walker claim Smith failed to stop at the red traffic light, causing the severe crash with the Walker vehicle and caused their injuries.

Smith was employed or retained by the company defendants and was acting within the scope of his employment when the accident occurred.

The plaintiffs claim Smith owed a duty to the traveling public and to act reasonably and use due care while driving a truck on a public road and had a duty to pay attention to traffic, to obey the laws and to maintain proper speed for the conditions.

Smith breached these duties when he failed to pay proper attention to the roadway and the traffic, failed to maintain a proper lookout, failed to maintain control of his vehicle, failed to obey the traffic control device, failed to obey laws and rules, failed to maintain proper speed for the conditions, failed to reduce speed of his truck so as to avoid an accident and failed to control the vehicle in order to avoid a collision, according to the suit.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Christopher D. Pence, Eric Silkwood and James P. McHugh of Hardy Pence; and Roger D. Williams of Williams Law Office.

Raleigh Circuit Court case numbers: 17-C-55, 17-C-57, 17-C-63

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