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Tuesday, May 7, 2024

Woman sues Sealy Mattress Company for vehicle accident

State Court
Car accident gad3d50fdf 1280

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HUNTINGTON — A woman is suing Sealy Mattress Manufacturing Company for a car accident that caused injuries and damages.

Charles Clopper was also named as a defendant in the suit.

Victoria Wilburn was driving a 2012 Nissan Sentra on Parkway Drive in Huntington on Oct. 30, 2019, when Clopper, who was driving a tractor-trailer for Sealy, turned onto U.S. 60 and was proceeding through an intersection, when he abruptly stopped and put the vehicle in reverse, according to a complaint filed in Cabell Circuit Court.

Wilburn claims she was frantically honking her horn in an unsuccessful effort to get Clopper not to hit her, but he collided with her vehicle.

The plaintiff claims she had attempted to put her own vehicle in reverse but her vehicle became lodged under the defendant's vehicle, according to the suit.

"Apparently unaware that Plaintiff or any other vehicle was behind him, Defendant Clopper instead continued in reverse and subsequently collided with Plaintiff's significantly smaller vehicle approximately 4-5 times, pushing it backwards each time, until he finally realized that he was hitting another vehicle and stopped," the complaint states.

The defendant's actions caused Wilburn to sustain damages and injuries, including property damages, bodily injury and medical bills, according to the suit.

Wilburn claims the defendants' insurer accepted liability for the defendants' negligence. She claims she suffered a loss of enjoyment of life, pain, suffering, annoyance, inconvenience and aggravation.

"As a direct and proximate result of Defendants' negligence, Plaintiff sustained damages and injuries in the subject accident including property damage and bodily injury requiring medical care and treatment," the complaint states.

Wilburn is seeking compensatory and punitive damages. She is represented by Richard E. Holtzapfel of Holtzapfel Law Offices in Hurricane.

The case is assigned to Circuit Judge Gregory L. Howard Jr.

Cabell Circuit Court case number: 21-C-403

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