MARTINSBURG – American Medical Response Mid-Atlantic Inc. denied the bulk of the allegations against it in a complaint claiming one of its employees caused an auto accident.
The defendants admitted that Roberto Ignacio Puentes, an American Medical Response Mid-Atlantic employee, acted negligently by failing to stop at a stop sign and yield to Maxine Green's vehicle, but the defendant denies all allegations that Puentes acted recklessly or in any manner that would warrant a request by Green for punitive damages.
"Defendants further deny that this was a high-speed impact," the Dec. 30 answer states.
The defendants argue that the plaintiff failed to state a claim upon which relief can be granted and that the injuries and damages she complains of were caused or contributed to by independent, supervening or intervening causes other than an act or omission on the part of the defendants, including but not limited to the plaintiff’s own negligence and the plaintiff’s past medical history.
Green filed the lawsuit against American Medical Response Mid-Atlantic Inc. and Puentes in Berkeley Circuit Court before it was removed to U.S. District Court for the Northern District of West Virginia.
Green claims on Dec. 16, 2017, she was driving her vehicle in Martinsburg when Puentes, who was operating a vehicle owned by American Medical Response Mid-Atlantic, failed to stop at a stop sign and yield to the vehicle Green, who had the right-of-way, was operating.
Puentes was negligent in failing to keep a proper lookout and failing to give full-time attention to the operation of the vehicle, failed to obey a stop sign and failed to yield the right-of-way to oncoming traffic, according to the suit.
Green alleges she sustained serious and permanent injuries, suffered inconvenience and has suffered a loss of wages because of the accident.
Green is seeking compensatory and punitive damages. She is represented by J. Miles Morgan of the Joel Bieber Firm in Richmond, Virginia.
The defendants are represented by Arie M. Spitz and Kelsey Haught Parsons of Dinsmore & Shohl LLP in Charleston.
U.S. District Court for the Northern District of West Virginia case number 3:19-cv-00218