CHARLESTON — A federal judge partially dismissed and remanded a lawsuit against Nationwide Mutual Insurance Co. filed by a man who was involved in a car accident.
William E. Harmon notified the court that matters involving Nationwide were resolved, but the remaining claims against Crystal J. Butler should be remanded back to state court.
"It appearing to the court that all matters between plaintiff...and defendant Nationwide...have been resolved, as evidenced by the signatures of their respective counsel below, it is hereby ordered, adjudged and decreed that all claims asserted in the complaint against...Nationwide...are dismissed with prejudice," the order states.
Because diversity of jurisdiction no longer exists, Judge Joseph Goodwin agreed to remand the case to Kanawha Circuit Court for the claims against Butler.
On May 31, 2016, Harmon was operating a 2007 Hummer H3 and traveling in St. Albans when Butler, who was operating a 1999 Chrysler Sebring was stopped at the intersection, according to the complaint. Harmon claims Butler carelessly, negligently and recklessly failed to yield to his vehicle and attempted an improper turn into oncoming traffic. As a direct, proximate and foreseeable result of Butler’s negligent and reckless acts and omissions, Harmon’s vehicle struck Butler’s vehicle in the front driver’s side quarter panel, according to the suit. Harmon claims due to the force of the collision, he suffered severe and permanent personal injuries.
After an investigation by a St. Albans police officer, it was concluded that Butler was solely at fault for the collision due to her failure to yield the right of way, attempting an improper turn and operating her vehicle in an “erratic, reckless and careless manner,” according to the suit. Harmon claims Butler was also cited for driving while her license was suspended, failing to carry applicable liability insurance and failing to properly register her vehicle.
Nationwide issued Harmon a policy that included uninsured motorist coverage and Harmon filed a claim after the accident, according to the suit. Harmon claims Nationwide failed to conduct a reasonable and proper investigation of the claim and failed to facilitate a prompt, fair and equitable settlement. As a result of Nationwide’s acts and omissions, Harmon has suffered substantial damages, according to the suit.
Harmon claimed Nationwide breached its contract with him.
Harmon was seeking compensatory and punitive damages. He was represented by Charles Johnstone II and David Dobson of Johnstone & Gabhart.
Nationwide was represented by Denise Pentino and Christopher Prezioso of Dinsmore & Shohl.
U.S. District Court for the Southern District of West Virginia case number 2:18-cv-00606
