CHARLESTON – The West Virginia Department of Transportation alleges the cargo on a tractor-trailer owned by an Ontario, Canada company caused nearly $400,000 of damage to support beams of an Interstate 77 southbound overpass.
According to the filing in the U.S. District Court for the Southern District of West Virginia, West Virginia Department of Transportation, Division of Highways filed a civil action against Ontario Limited and Michael Goulter alleging negligence and strict liability.
The suit states Goulter was driving a tractor-trailer owned by Ontario Limited on Aug. 21, 2017, when the top of the cargo hit support beams on the Williamstown Bridge Overpass after exiting at the Williamstown exit off I-77 in Wood County. The suit states the support beams were bent 6 to 9 inches and cost the plaintiff $392,930.24 to repair.
"During the course of operating a commercial motor vehicle on the roadways of West Virginia, defendants damaged property belonging to plaintiffs," the West Virginia Department of Transportation alleges in its complaint.
The plaintiff seeks pre- and post-judgment interest, costs and attorney fees. The plaintiff is represented by Stacy Jacques of the West Virginia Department of Transportation Division of Highways Legal Division in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:19-cv-00605