HUNTINGTON – A widow is seeking damages from multiple entities over a collision on Interstate 64 that caused her husband's death.
Oneta M. Simmons, administratrix of the estate of Jerrell L. Simmons, deceased filed a complaint Jan. 17 in U.S. District Court for the Southern District of West Virginia Huntington Division against Dart Trucking Co. Inc., Justin Adkins, Calgon Carbon Corp. and Elizabeth A. Lewis alleging negligence.
According to the complaint, the plaintiff alleges that on April 17, 2017, plaintiff's decedent Jerrell Lee Simmons was involved in a rear-end collision on Interstate 64 in Huntington. The suit states Lewis was operating a pickup in the adjacent lane of Simmons' vehicle and lost control of it and struck a Pegasus Transportation vehicle. The suit states when Simmons slowed down in response, he was rear-ended by Adkins, who was operating a tractor owned by Dart and towing a trailer owned by Calgon.
The suit states the collision caused Simmons' vehicle to go off the roadway and over the bridge, falling 100 feet. The suit states Simmons suffered injuries that led to his death.
The plaintiff holds Dart Trucking Co. Inc., Adkins, Calgon Carbon Corp. and Lewis responsible because defendant Lewis allegedly negligently lost control of the vehicle she was driving and Adkins negligently failed to maintain proper speeds and distance.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, plus interest, attorney's fees, costs and expenses. She is represented by Bert Ketchum, Larry A. Bailey and Clayton J. Maddox of Greene, Ketchum, Farrell, Bailey & Tweel LLP in Huntington.
U.S. District Court for the Southern District of West Virginia Huntington Division case number 3:18-cv-00058