David Gould was also named as a defendant in the suit.
On Feb. 22, 2016, Billy Flowers was operating a vehicle on Interstate 77 going north when Gould, who was operating a vehicle owned by Horn’s Express, approached Flowers’ vehicle from the rear and collided with him, according to a complaint filed Jan. 31 in Kanawha Circuit Court and removed to federal court on Feb. 27.
Flowers and his wife, Debra Flowers, claim that Gould failed to keep a proper distance between the vehicles and was driving too fast for the conditions.
The incident was proximately caused by Gould’s failure to keep a proper distance between the vehicles and drive at a safe speed, given the weather conditions, as well as his negligent, careless and reckless conduct, according to the suit.
The Flowerses claim Horn’s Express was liable for Gould’s actions.
Debra Flowers suffered loss of Billy Flowers’ spousal consortium; annoyance and inconvenience; and other consequences and damages, according to the suit.
The Flowerses are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Robert D. Cline Jr., Robert A. Campbell, Letisha R. BIka and George E. Chamberlain of Farmer, Cline & Campbell.
The defendants are represented by David P. Cook Jr. and Michelle R. Storage of MacCorkle Lavender.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-01400