West Virginia Record

Saturday, February 29, 2020

Tanker truck driver seeks damages from Buccaneer Hauling, driver over U.S. 50 accident

By Philip Gonzales | Mar 6, 2018

Semi crash 04

HARRISVILLE – An Ohio man alleges he was injured while driving on U.S. 50 attempting to avoid a collision with a tractor-trailer.

Michael Mitchell filed a complaint Feb. 14 in Ritchie Circuit Court against Buccaneer Hauling Inc. and David T. Hamon alleging negligence.

According to the complaint, the plaintiff alleges that in Feb. 24, 2016, he was operating a tanker truck traveling eastbound on U.S. 50 in Ellenbro. The suit states Hamon, who was driving a tractor-trailer owned by Buccaneer, crossed the median into the path of the plaintiff's truck and the plaintiff took evasive actions to avoid a collision. The plaintiff alleges he suffered a torn rotator cuff in his right shoulder as a result of the incident.

The plaintiff holds Buccaneer Hauling Inc. and Hamon responsible because defendant Hamon allegedly failed to maintain reasonable control of the tractor-trailer and failed to operate at a speed safe for the conditions of the roadway.

The plaintiff requests a trial by jury and seeks damages within the jurisdictional limits of the court, pre- and post-judgment interest and such other just and appropriate relief. He is represented by Harry G. Deitzler of Hill, Peterson, Carper, Bee & Deitzler PLLC in Charleston. The case has been assigned to Circuit Judge Timothy Sweeney.

Ritchie Circuit Court case number 18-C-07

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Hill,Peterson, Carper, Bee & Deitzler