HUNTINGTON – A lawsuit over allegations that an accident occurred due to the alleged negligence of a Boyle Bros. employee was removed to federal court.
Boyle Bros. argued in its notice of removal that because the plaintiff was a Virginia resident and Boyle Bros. is based in New Jersey, complete diversity exists between both parties. The company also contends that the amount in controversy exceeds the state court threshold of $75,000.
"Accordingly, there is complete diversity of citizenship among the parties to the action and damages in controversy are in excess of the $75,000 jurisdictional limit pursuant to 42 U.S.C. § 1332," the notice states.
Charles D. Patterson filed the lawsuit in October in Putnam Circuit Court against Boyle Bros. and Kenneth D. Allen, its employee. It was removed to federal court on Dec. 18.
Allen was operating a 2017 Mack Truck Tractor owned by Boyle Bros. on Nov. 7, 2017, when he was involved in a collision with Patterson in Putnam County, according to the suit.
Patterson alleges he was operating his vehicle near Plantation Road when Allen negligently, carelessly and recklessly collided with the rear of his vehicle and caused him severe and permanent injuries.
Allen's actions were violations of multiple motor vehicle laws, rules and regulations and he failed to maintain control of his vehicle with reasonable and proper control, according to the suit.
Patterson claims he suffered many injuries, including a torn rotator cuff that required surgery, and other injuries to his arm.
Patterson is seeking compensatory damages with pre- and post-judgment interest. He is represented by Robert V. Berthold Jr. and Robert V. Berthold III of Berthold Law Firm.
Boyle Bros. is represented by John M. Polena and Pamela V. Collis of Walsh Barnes Collis & Zumpella.
U.S. District Court for the Southern District of West Virginia case number 3:19-cv-00900
