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WEST VIRGINIA RECORD

Thursday, November 21, 2024

S & W Trucking Co., driver named in suit over fatal accident on state Route 123

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PRINCETON – A Mercer County man has filed suit against a Virginia trucking company and its driver after a fatal accident in the county.

Cody Wimmer, individually and as administrator of the estate of Stephanie Michelle Wimmer, filed a complaint Sept. 8 in Mercer Circuit Court against S & W Trucking Co. and Ralph Edward Brooks alleging wrongful death, negligence and other counts.

According to the complaint, the plaintiff alleges that Stephanie Michelle Wimmer sustained serious physical and traumatic personal injuries as the result of the vehicular accident on state Route 123 on Oct. 4, 2016. The suit states Brooks, who was driving a tractor-trailer owned by S & W, crossed into the eastbound lane of travel and struck the decedent's car. She died at the scene, the suit states.

The suit states post-accident inspections of the tractor-trailer showed several safety violations.

The plaintiff requests a trial by jury and seeks compensatory damages, general and special damages; all statutory damages; punitive damages; interest; court costs and any further relief the court grants. He is represented by Michael A. Olivio and Stephanie H. Daly of Olivio Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Derek C. Swope.

Mercer Circuit Court case number 17-C-341

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