CHARLESTON — A Charleston couple is suing a motorist, alleging insufficient measures were taken to prevent injuries to the plaintiffs.
Richard A. Fulcher and Patricia A. Fulcher filed a complaint March 15 in Kanawha Circuit Court against Ryan Andrew Kimble, alleging the defendant failed to operate his vehicle in a careful and prudent manner.
According to the complaint, on March 6, 2016, driver Richard A. Fulcher and passenger Patricia A. Fulcher were traveling north on Connell Road toward Gat Creek Road in Charleston. The suit says Kimble fell asleep on the wheel, crossed the center line and drove into the path of the plaintiffs' vehicle, causing a head-on collision.
The Fulchers said they sustained serious injuries to various part of their bodies, resulting in medical expenses, pain and suffering and loss of enjoyment of life. The plaintiffs allege Kimble negligently failed to be alert while driving and failed to timely stop to avoid an accident.
The Fulchers seek judgment in an amount that will fairly compensate their injuries and damages, plus costs and interest. They are represented by attorney Timothy DiPiero of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC in Charleston.
Kanawha Circuit Court case number 18-C-367