West Virginia Record

Monday, February 17, 2020

Marlinton man seeks damages from state after pickup was hit by state-owned dump truck

By Philip Gonzales | Feb 2, 2018

Car accident 42

MARLINTON – A Marlinton man alleges he was injured when his pickup truck was hit by a state-owned dump truck.

Homer Ray Hager filed a complaint Jan. 4 in Pocahontas Circuit Court against State of West Virginia, West Virginia Division of Highways and Dennis Brain Gibson alleging that defendant Gibson breached his duty to operate a dump truck in a careful and prudent manner.

According to the complaint, the plaintiff alleges that on Jan. 5, 2016, he was driving a 1993 Chevrolet pickup when he was struck by a state-owned dump truck driven by defendant Gibson on East Woodrow Branch Road. He alleges he sustained personal injuries to his knee, back and neck area. 

The plaintiff holds West Virginia Division of Highways and Gibson responsible because defendant Gibson allegedly negligently and recklessly operated the dump truck and caused it to collide with plaintiff's vehicle.

The plaintiff requests a trial by jury and seeks general and special damages, reimbursement of all medical expenses, attorney's fees, costs and such other just and proper relief. He is represented by Henry E. Wood III of Wood Law Office LC in Charleston. The case has been assigned to Circuit Judge Robert E. Richardson.

Pocahontas Circuit Court case number 18-C-02

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Organizations in this Story

Wood Law Office, LCWest Virginia Division of HighwaysPocahontas Circuit Court