WINFIELD — A man is suing an individual and an insurer citing alleged common law negligence and violation of statute.
James Atkins filed a complaint in Putnam Circuit Court against Laura Buxton and State Farm Mutual Automobile Insurance Company alleging that Buxton violated West Virginia Code.
According to the complaint, Atkins alleges that on Jan. 24, 2017, he was driving his 2009 Ford on Interstate 64 in Hurricane when Buxton, who was also traveling on Interstate 64, recklessly failed to maintain control of her Volkswagen and struck the rear of Atkins' vehicle. Atkins suffered injuries and incurred medical expenses.
The plaintiff holds Buxton responsible because allegedly she was the sole proximate cause of the accident, and an underinsured motorist, and she owed a duty of care to Atkins and the general public to operate her car in a safe manner. His State Farm Mutual Automobile Insurance Company Policy was in full force and effect during the date of the incident and provided underinsured motorists coverage benefits to Atkins.
The plaintiff requests a trial by jury and seeks compensatory and general damages in an amount to be determined by a jury, together with interest and taxable Court costs as allowed by law. He is represented by Ben Salango and Patrick J. Salango of Preston & Salango P.L.L.C. in Charleston.
Putnam Circuit Court Case number 19C18