Campers who fell out of KDM Lawn Service & Hauling truck bed allege negligence is to blame for injuries

By Kyla Asbury | Aug 3, 2018

KINGWOOD – Two individuals are suing KDM Lawn Service & Hauling Inc. and its owner, alleging injuries were sustained back in 2016 at Big Bear Lake Campground due to the owner's negligence.

KINGWOOD – Two individuals are suing KDM Lawn Service & Hauling Inc. and its owner, alleging injuries were sustained back in 2016 at Big Bear Lake Campground due to the owner's negligence.

A concert was held at Big Bear Lake Campground on May 28, 2016, and plaintiffs Charles L. Hall and Ann-Marie Toussaint decided to go with defendant Kurt D. May to the Memorial Day weekend concert, according to the complaints filed in Preston Circuit Court.

According to the suit, because of the age difference between May and the other individuals, it was decided that May would drive a pickup truck owned by his company, KDM Lawn Service & Hauling, and would essentially act as the designated driver for the younger individuals.

When the concert was over, the suit states Hall and the other younger adults got into the bed of the pickup truck so that May could take them to a camper where they were staying. The plaintiffs claim the tailgate was left down, but that the speed limit was only 15 miles per hour.

When May approached the intersection of Big Bear Lake Drive and Pine Tree Lane, he allegedly quickly accelerated through the intersection, causing the individuals and the contents of the truck bed to fall into the roadway.

May allegedly then picked up the contents of the truck bed from the roadway and fled the scene, abandoning Hall, Toussaint and the other individuals in the roadway.

Hall and Toussaint claim they suffered severe injuries due to May's negligence, including road rash, bruises, psychological issues and other injuries. They allege they also incurred medical bills.

The plaintiffs claim because May was using a vehicle owned by his company, the company is also liable for their damages.

Hall and Toussaint are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Steven L. Shaffer of Estep & Shaffer in Kingwood.

Preston Circuit Court case numbers 18-C-51, 18-C-52

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