WEBSTER SPRINGS — A widower is suing Webster County property operators, alleging negligence in failing to prevent injuries and and death.
Hal B. Muller, individually and as administrator of the estate of Julie A. Muller, filed a complaint Feb. 20 in Webster Circuit Court against Jordan's Land and Rentals LLC and Elk River Properties LLC, alleging they failed to control and maintain the trees on their property so that no trees present a risk of danger on an active roadway.
According to the complaint, on Aug. 6, 2016, Julie Muller was a passenger in a car driven by her husband, Hal Muller, on state Route 15 near Diana, West Virginia. The suit says Julie Muller died as a result of injuries suffered when a large rotten tree fell from the side of the road onto the Mullers' vehicle.
The lawsuit states Hal Muller survived the incident with serious and debilitating injuries and damages.
The plaintiff alleges Jordan's Land and Rentals and Elk River Properties failed to inspect the property and its trees to discover dead, rotten or decaying trees that might fell on the passing vehicles and failed to make the dangerous condition safe.
Hal Muller seeks trial by jury, compensatory damages, attorney fees, court costs and all other just relief. He is represented by attorney J. Ryan Stewart of Bailey Javins & Carter LC in Charleston.
Webster Circuit Court case number 18-C-10
