MOUNDSVILLE — A Wheeling couple is suing a driver and State Farm Insurance, alleging breach of contract and negligence.
Stephen P. Schmitt and Tina Schmitt filed a complaint May 14 in Marshall Circuit Court against Randolph Goff and State Farm Mutual Automobile Insurance Company, alleging Goff negligently operated his vehicle and caused it to strike Stephen Schmitt.
According to the complaint, on Oct. 19, 2016, Stephen Schmitt, a pedestrian, was walking northbound on state Route 88 in Marshall County. The suit says Schmitt was injured when he was struck by a motor vehicle driven by Goff, an under-insured motorist.
Schmitt says he sustained severe bodily injuries resulting in medical expenses of more than $15,000, loss of income, pain and suffering and mental anguish. At the time of the collision, the lawsuit states, Schmitt was insured under the policy issued by State Farm, which provided under-insurance motorist coverage benefits.
The plaintiffs allege, despite clear liability, State Farm has failed or refused to provide under-insurance benefits.
The Schmitts seek trial by jury, all damages suffered and legal fees, with pre- and post-judgment interest and all other just and proper relief. They are represented by attorney Jeffrey V. Kessler of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville.
Marshall Circuit Court case number 18-C-87