Judge denies motions to dismiss against Spirit Services, others in car accident lawsuit

By Kyla Asbury | Oct 27, 2017

CHARLESTON – A federal judge denied two separate motions to dismiss cross claims in a lawsuit alleging injuries from a car accident

CHARLESTON – A federal judge denied two separate motions to dismiss cross claims in a lawsuit alleging injuries from a car accident

The motions to dismiss were filed by Spirit Services of WV and Brandon Dow.

Erik Fink and Wendy Fink filed the lawsuit on Sept. 8, 2016, against Spirit, Dow, Worldwide Equipment, Worldwide Equipment Enterprises, Worldwide Equipment Leasing and Worldwide Equipment of West Virginia, after Erik Fink, an employee of Spirit, was in a crash when one or more of the tires on the truck he was driving, which was owned by Spirit, exploded.

It was alleged that the defendants knew that the tires were faulty and deliberately or negligently failed to make repairs.

On Jan. 11, Worldwide Equipment Leasing filed a cross claim against Spirit and Dow, seeking indemnification and contribution for any judgment entered against it. On Feb. 1, Spirit and Dow filed identical motions to dismiss.

On Feb. 15, Worldwide filed an amended cross claim and responded to the motions to dismiss. Spirit and Dow filed responses to the amended cross claim on March 1.

Worldwide alleged that each of the other Worldwide defendants, Spirit and Dow were aware that the tires on the truck driven by Erik Fink were faulty and that each defendant failed to ensure that the truck was repaired.

Spirit and Dow’s motions to dismiss Worldwide’s claim for contribution must be denied, according to the Sept. 25 order.

Spirit and Dow’s motions to dismiss for failure to state a claim for contribution were denied.

Erik Fink and Wendy Fink filed a lawsuit in U.S. District Court for the Southern District of West Virginia alleging negligence in failing to provide a worthy tanker truck.

On Sept. 11, 2014, Erik Fink was traveling in Pennsylvania on Interstate 79, driving a tanker truck with 4,000 gallons of water. The suit says faulty tires exploded while the truck was traveling downhill, causing it to crash to a guardrail and into a wooded area. 

The lawsuit states Erik Fink sustained severe and life-threatening injuries and suffered great pain, emotional distress, lost wages and medical expenses.

The Finks claim the defendants failed to determine whether the faulty tires needed to be repaired or replaced, allowed the tanker truck to remain in a dangerous condition and failed to conduct necessary brake inspections.

The Finks are seeking compensatory damages with pre- and post-judgment interest. They are represented by D. Blake Carter Jr. and J. Ryan Stewart of Bailey Javins & Carter.

U.S. District Court for the Southern District of West Virginia Case number 2:16-cv-08669

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Bailey Javins & Carter LC U.S. District Court for the Southern District of West Virginia Charleston Division

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