West Virginia Record

Thursday, February 27, 2020

Motorist alleges Asplundh failed to provide adequate flaggers during work

By Lhalie Castillo | Dec 4, 2017

General court 05

BECKLEY – A motorist has filed suit against a tree trimming company after an auto accident in Rock Creek.

Miranda Ullman filed a complaint Oct. 23 in Raleigh Circuit Court against Asplundh Tree Expert Co. alleging negligence.

According to the complaint, the plaintiff alleges that on Oct. 26, 2016, the defendant was cutting trees on Route 3 in Rock Creek and had flaggers stationed to maintain one lane of traffic. The plaintiff alleges that no flagger was stationed to warn her that traffic was heading in her direction, so when she excited the parking lot of a general store and found two vehicles heading toward her in her lane, she swerved to the right. The suit states she struck an embankment, which caused her vehicle to roll over and land on the driver's side in the roadway.

The plaintiff holds Asplundh Tree Expert Co. responsible because the defendant allegedly was negligent by failing to provide adequate flaggers and did not provide warnings or reasonable notice of its closing of one lane of traffic.

The plaintiff requests a trial by jury and seeks damages of more than $25,000, costs, attorney's fees and all other relief deemed just and equitable. She is represented by Michael E. Froble of Froble Law Office in Beckley. The case has been assigned to Circuit Judge Robert A. Burnside Jr.

Raleigh Circuit Court case number 17-C-571

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Raleigh Circuit CourtFroble Law Office