West Virginia Record

Wednesday, January 22, 2020

Woman sues Fisher Auto Parts for car accident with employee

State Court

By Kyla Asbury | Jan 15, 2020

Car accident 02

HUNTINGTON — A woman is suing Fisher Auto Parts after she was injured in a car accident allegedly due to one of its employees.

Evelyn Simmons filed the lawsuit Jan. 8 against Mark Ferguson and Fisher Auto Parts Inc. in Cabell Circuit Court.

Simmons was operating a 2014 Jeep Cherokee on Jan. 10, 2018, at the intersection of 29th Street and Irvin Street in Huntington, when Ferguson, who was operating a 2017 Chevrolet City Express that was owned by Fisher Auto Parts, failed to stop at a red light and rear-ended Simmons' vehicle.

Ferguson was negligent and careless in the operation of the vehicle by failing to exercise due caution or circumspection and in the utter disregard of the safety of others, particularly the safety of Simmons, according to the suit.

Simmons claims Ferguson failed to maintain control of the Fisher-owned vehicle and that negligence caused Simmons' injuries.

"As a direct and proximate result of the negligence of the defendant, Mark Ferguson, plaintiff, Evelyn Simmons, suffered severe and permanent bodily injuries; said injuries have caused Evelyn Simmons extreme physical and mental pain and suffering and will cause her to suffer the same in the future," the complaint states. "By reason of said injuries, plaintiff, Evelyn Simmons, has incurred expenses for services of various medical treatment providers. Plaintiff will to a reasonable degree of medical certainty incur future medical expenses in treatment of the injuries so sustained."

Simmons claims she was restricted from her normal activities due to her injuries and suffered a loss of ability to function as a whole person and lost her ability to enjoy life.

Fisher is vicariously liable in damages for the negligence of Ferguson, according to the suit.

Simmons is seeking compensatory damages. She is represented by Matthew J. Woelfel of Woelfel & Woelfel in Huntington.

Cabell Circuit Court Case number: 20-C-9

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