Motorist sues vehicle owner and driver, alleging negligence

By Philip Gonzales | Feb 28, 2019

CHARLESTON — A woman is suing a landscaping service, alleging negligence and negligent entrustment in the case of a motor vehicle accident in Charleston.

Melissa D. Lynn filed a complaint against RSG Landscaping & Lawn Care, Inc. and Brody Andrew Peek in Kanawha Circuit Court claiming that RSG negligently entrusted its vehicle to Peek, an allegedly careless driver. According to the lawsuit, Lynn alleges that on Jan. 19, 2017, she was stopped for traffic in her motor vehicle on Chesterfield Avenue at or near its intersection with Courtney Drive in Charleston when her vehicle was struck from the rear by RSG's vehicle, which was driven by Peek. She suffered injuries to her back lumbar region, thoracic spine and cervical region. 

The plaintiff holds RSG Landscaping & Lawn Care, Inc. and Andrew Peek responsible because Peek allegedly failed to pay proper attention on the road and negligently operated the motor vehicle in an unsafe, improper and reckless manner. Lynn requests a trial by jury and seeks compensatory damages and all applicable costs and interest. She is represented by J. Timothy DiPiero of DiPiero Simmons McGinley & Bastress PLLC in Charleston.

Kanawha Circuit Court Case number 19-C-44

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DiPiero Simmons McGinley & Bastress PLLC Kanawha Circuit Court

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