FAYETTEVILLE — A plaintiff who filed a lawsuit against U.S. Executive Bus Service has now filed a notice of dismissal in the case.
"Pursuant to Rule 41 of the West Virginia Rules of Civil Procedure, the Plaintiff hereby gives notice of dismissal of this civil action without prejudice as the adverse party has not served an answer or a motion for summary judgment," the notice of dismissal stated.
Rebecca Lyn Butcher, of Gallagher, alleged that U.S. Executive Bus Service, which is doing business as Auto Funding Corp., Property & Casualty Insurance Guaranty Corporation and Mohamed Saleh Awad caused a car accident that caused damages and injuries, according to a complaint filed in Fayette Circuit Court.
Butcher claims on July 22, 2019, she was driving her 2014 Toyota Camry and was traveling southbound on U.S. 19 in Mount Hope when Awad, who was operating a 2013 Ford F-650 bus owed by U.S. Executive Bus Service, collided with Butcher's vehicle.
Awad's actions were negligent, according to the suit.
Butcher claims Awad was acting within the scope of his employment at the time of the accident, which caused her serious and permanent injuries to her neck, back and right knee. She also incurred medical expenses in excess of $32,700 and expects to continue incurring medical expenses.
The defendants maintained a policy through Gateway Insurance at the time of the accident and Gateway advised Butcher's counsel that Atlas Financial Holdings was liquidating and all active claims would be handled by the insurance guaranty fund corporation in the state where the policyholder was located, according to the suit.
However, Maryland Property & Casualty Insurance Guaranty Corporation advised Butcher in 2020 that she would need to resolve any outstanding claims with her personal insurance through her uninsured motorist policy.
Butcher ultimately reached a settlement with her insurance for the policy limits of $25,000.
Butcher was seeking compensatory damages in the amounts due. She was represented by Kevin Burgess and Jordan Adkins of Hamilton Burgess Young and Pollard in Fayetteville.
Fayette Circuit Court case number: 21-C-73