WAYNE – A Pritchard widow alleges that a metal object left by a Fort Gay saw mill operator near a highway caused the death of her husband.
Samantha Ellen Hooser, administrative of the estate of Herbert Lee Hooser, filed a complaint July 14 in Wayne Circuit Court against Tolsia Lumber Co. Inc. alleging that the sawmill operator violated Section 17-6-1 of the West Virginia Code.
According to the complaint, the plaintiff alleges that on Oct. 22, 2016, Herbert Lee Hooser was operating a 2009 Dodge Grand Caravan owned by his employer when he died after the said vehicle ran off U.S. Route 52 and struck a large metal object that had been placed next to the roadway.
The plaintiff holds Tolsia Lumber Co. Inc. responsible because the defendant allegedly negligently and unlawfully placed the subject large metal object in the state right of way.
The plaintiff requests a trial by jury and seeks judgment against defendant in an amount that will fairly and adequately compensate plaintiff's damages with interest, costs and such other general and proper relief. She is represented by Paul E. Biser of Fredeking & Fredeking Law Offices LC in Huntington. The case has been assigned to Circuit Judge James H. Young Jr.
Wayne Circuit Court Case number 17-C-109