CHARLESTON — A couple is suing Dutch Miller of Charleston claiming they were injured in a car accident with one of its employees.
Terry Tucker and Jamie Tucker were driving on Route 10 near Barboursville on June 30, 2020, when Byron Lawson, an employee of the car dealership, was operating a silver Ram 1500 owned by the defendant in order to perform a job function, according to a complaint filed in Kanawha Circuit Court.
The Tuckers claim Lawson had slowed down to allow the plaintiff to complete a u-turn, but then decided to pass the plaintiff on the right side and did so, but did not completely leave the roadway and struck the plaintiffs' vehicle on the passenger side.
The defendant also did not have a valid driver's license when the crash occurred after it was revoked for driving under the influence, according to the suit.
The Tuckers claim Lawson had multiple DUI convictions and the defendant was aware that he did not have a valid driver's license, but allowed him to drive the company truck in spite of that knowledge.
Dutch Miller of Charleston breached its duty to use reasonable care when Lawson failed to maintain control of the vehicle and attempted to make an illegal pass, according to the suit.
The plaintiffs claim they suffered personal injuries and damages for the defendant's actions.
The defendant was negligent in allowing Lawson to operate the vehicle and the collision happened as a result of that, according to the suit.
The plaintiffs claim they suffered tremendous physical and mental pain and suffering; medical expenses; loss of the ability to enjoy life; humiliation; emotional distress; and other injuries and economic damages and non-economic damages because of the car accident.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Joshua R. Martin of the Martin Law Firm in Nitro.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-624