West Virginia Record

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Motorist, passenger allege Weirton employee negligently caused crash


By Philip Gonzales | Oct 5, 2018

Car accident 12

NEW CUMBERLAND — A motorist and vehicle passenger are suing Weirton and a city employee, alleging negligence caused a vehicle crash that injured the plaintiffs.

Don Polverini and Kathy L. Graham filed a complaint in Hancock Circuit Court against the City of Weirton and Joseph T. Bailey, alleging Weirton negligently entrusted its vehicle to Bailey.

According to the complaint, on Aug. 19, 2016, Polverini, in a 1994 Oldsmobile with Graham as his passenger, was stopped for traffic on Cove Hill Road at its intersection with Cove Road in Weirton. The suit says Bailey, working for the city of Wierton at the time, negligently drove a Ford F350, causing it to strike the rear of plaintiffs vehicle. 

Polverini and Graham say they sustained serious injuries, medical expenses, mental anguish and pain and suffering. The plaintiffs allege Bailey recklessly disregarded the provisions of the West Virginia motor vehicle code, failed to keep proper lookout and failed to take evasive actions at the first appearance of danger.

Polverini and Graham seek trial by jury, compensatory and general damages, with interest, attorney fees, court costs and all other just and proper relief. They are represented by attorney Michael E. Gaudio of Gaudio Law Office in Follandsbee.

Hancock Circuit Court case number 18-C-77

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Organizations in this Story

Hancock Circuit CourtCity of WeirtonGaudio Law Offices

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