CHARLESTON – A vehicle passenger is suing Norfolk Southern Railway Company, alleging the railroad's negligence caused the plaintiff to be injured in a car accident.
Anthony Scales field a suit in Mingo Circuit Court, that was later removed to federal court, against Norfolk Southern Railway Company and Rodney Jerome Joplin, alleging negligence.
On Sept. 30, 2016, Scales says, he was a passenger in a 1991 Ford Ranger driven by Joplin. The suit says Joplin's car collided with a Chevrolet Silverado K3500 owned by Norfolk Southern.
Scales alleges he suffered permanent injuries to his body and incurred medical expenses due to the accident.
The lawsuit alleges the defendants both failed to keep a proper lookout, failed to maintain a safe and reasonable speed and negligently failed to maintain control of their vehicles, which caused Scales to be injured.
Scales says he suffered diminution in his ability to enjoy life, physical and mental anguish, annoyance, aggravation and inconvenience and has suffered a diminution in his ability to earn money.
Scales seeks compensatory damages. He is represented by attorney Greg K. Smith of the Law Offices of Greg K. Smith in Williamson.
U.S. District Court for the Southern District of West Virginia case number: 2:18-cv-00372