CHARLESTON — A motorist is suing various entities, citing alleged negligence.
William Linville filed a complaint in Kanawha Circuit Court against Blackhawk Mingo LLC and Evergreen Environmental Spill Response Company Inc. alleging that they failed to properly clean up a diesel spill on the roadway caused by Blackhawk.
According to the complaint, Linville alleges that on Sept. 13, 2017, he was lawfully operating a 1998 Ford F250 pickup on Cabin Creek Road when he entered the area where Blackhawk previously spilled diesel fuel. As a result of the road's dangerous condition, he lost control of his truck, causing it to travel across the center line, off the road and into a ditch before colliding with a utility pole. He sustained serious injuries resulting in medical expenses, pain and suffering, lost wages and loss of use of the vehicle.
The plaintiff holds Blackhawk Mingo LLC and Evergreen Environmental Spill Response Company Inc. responsible because they allegedly failed to properly remove the hazard that the spill created and failed to provide any warning or notice of the harm presented by the spill.
The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount to be determined by the jury, with punitive damages, interest, costs and attorney's fees. He is represented by Robert P. Lorea of Lorea Law Office PLLC in Charleston and Rodney A. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston.
Kanawha Circuit Court Case number 19-c-72