MOUNDSVILLE — A Wheeling woman is suing a motorist and property owners, alleging their negligence allowed a drunk driver to run her over.
Elizabeth Nickerson filed a complaint March 26 in Marshall Circuit Court against Ariana Zigaceek, Indian Point Properties LLC, doing business as McGovern's Pub, and State Farm Mutual Automobile Insurance Company, alleging the defendants violated West Virginia and local ordinances.
According to the complaint, on March 26, 2016, Nickerson she was a pedestrian lawfully on the McGovern's Pub property in Marshall County as a guest when she was knocked to the ground when hit by Zigaceek's vehicle, causing injuries to the plaintiff.
Nickerson alleges Zigaceek was drunk when the accident happened as that she had been given alcohol beverages by McGovern's Pub employees despite her being a minor. Nickerson filed claims under an under-insured motorist claim from State Farm Mutual and alleges the insurer waived its subrogation right.
The plaintiff alleges Zgaceek failed to operate her vehicle at a reasonable rate of speed and failed to keep a reasonable and proper lookout for pedestrians lawfully on the parking lot walkway surface outside McGovern's Pub.
Nickerson seeks trial by jury, compensatory damages, plus interest, court costs and all further relief the court or jury finds. She is represented by attorneys Ronald W. Zavolta and Jordan M. Laird of Zavolta Law Office in Wheeling.
Marshall Circuit Court case number 18-C-61