CHARLESTON – A Clay County couple is seeking damages after the wife struck an unattended tractor-trailer on Route 4.
Deborah Studaker and Travis Studaker filed a complaint Aug. 15 in Kanawha Circuit Court against XPO Logistics Freight Inc., formerly known as Con-Way Freight Inc., and Thomas Rowland alleging negligence and loss of consortium.
According to the complaint, the plaintiffs allege that on Aug. 31, 2015, plaintiff Deborah Studaker sustained severe, permanent and disabling injuries when her vehicle violently collided with defendants' unattended tractor-trailer and caught fire. The suit states that Rowland had parked the tractor-trailer in the lane of travel on Route 4 in Procious and left it to make a delivery.
She alleges she suffered a fractured vertebrae, broken arm and neck and back injury.
The plaintiffs hold XPO Logistics Freight Inc. and Rowland responsible because defendant Rowland allegedly violated Federal Motor Carrier Safety Regulations.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, costs and attorney's fees and such other relief to which they are entitled. They are represented by J. Ryan Stewart of Bailey Javins & Carter LC in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court Case number 17-C-1160