CHARLESTON — A lawsuit against U-Haul for a car accident that occurred on the interstate has been removed to federal court.
Frankie J. Facello Sr. and Phyllis G. Facello filed the lawsuit against U-Haul Co. of Arizona, U-Haul Co. of Colorado and U-Haul International Inc. after a car accident caused them injuries, according to a complaint filed in July in Kanawha Circuit Court and then removed to U.S. District Court for the Southern District of West Virginia.
The Facellos were in a 2015 Mitsubishi Outlander traveling northbound on Interstate 77 when Harry Stewart, who was operating a 2012 Ford Cargo U-Haul Box Truck and hauling a passenger car on a tow dolly southbound, attempted to go around a curve and the wheel assembly of the dolly separated from the dolly.
The wheel assembly continued to move at a high rate of speed southbound over the barrier and onto the northbound side of the interstate. The wheel assembly then came down on the hood and windshield of the Facellos' vehicle and also made partial entry into the passenger compartment of the vehicle, according to the suit.
The Facellos claim Stewart had rented the vehicle and the tow dolly from U-Haul and, as such, the defendants had a duty to ensure their rental equipment was safe.
The defendants breached their duties by failing to maintain, properly service and inspect the tow dolly, according to the suit. The defendants' actions were grossly negligent, the complaint states.
The Facellos suffered the total loss of their vehicle, as well as physical injuries and other damages, according to the suit.
The Facellos are seeking compensatory and punitive damages. They are represented by Robert D. Cline Jr., Brian E. Bigelow and Benjamin N. Hatfield of Farmer, Cline & Campbell.
The defendants argue in their notice of removal that the action should be in federal court because the parties' have complete diversity of jurisdiction.
The defendants also contend in the notice that the amount in controversy exceeds the state limit of $75,000, according to the notice.
The defendants are represented by Robert L. Massie and James L. Byrdie of Nelson Mullins Riley & Scarborough.
U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00654