West Virginia Record

Wednesday, August 21, 2019

Tractor-trailer driver alleges Cesario's failure to maintain brakes caused Wheeling collision

State Court

By Carrie Bradon | Jul 16, 2019

WHEELING – A Texas couple has filed suit against the wife's employer regarding a tractor-trailer accident in Wheeling over allegations it failed to adequately maintain and repair the tractor's brakes.

Gloria F. Holt and Timothy Scott filed a complaint in Ohio Circuit Court against Cesario's Inc., Briar Ridge Auto LLC and C&M Hilltop Inc. alleging negligence and liability and other counts.

The suit states that Cesario's is the owner of a 1999 Volvo tractor and that Gloria Holt is an agent of Cesario's. She alleges she was instructed to operate the tractor and she was advised it was safe, repaired and roadworthy.

The suit states on May 19, 2017, Holt was driving the tractor and hauling sand when the brakes failed and/or malfunctioned while approaching the Interstate 470 west exit ramp in Wheeling. The plaintiff alleges she took evasive action by changing lanes to avoid colliding with motorists, moved off of the roadway and over a curb, causing the tractor-trailer to roll over.

The plaintiff alleges prior to the incident, she complained to Cesario's numerous times about braking issues with the Volvo.

The suit states Briar Ridge falsely deemed that the Volvo was roadworthy.

The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. The plaintiffs are represented by Ronald W. Zavolta, Jordan M. Laird and Paul J. Ratclifee of Zavolta Law Office in Wheeling.

The case has been assigned to Judge Michael J. Olejasz.

Ohio Circuit Court case number 19-C-122

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