CHARLESTON — Leasing Services Inc. and C&H Company want a lawsuit against them alleging negligence from a car accident to be dismissed.
Leasing Services and C&H deny the allegations in the complaint, according to two answers filed in Kanawha Circuit Court in April.
The defendants contend in their answer that the plaintiff's vehicle was illegally parked and deny all allegations of negligence against them.
The defendants also reserve the right to raise additional defenses as they are revealed during further development in the case, according to the answers.
The defendants are represented by Daniel R. Schuda of The Law Office of M. Andrew Brison in Charleston.
Quorte Isom filed the lawsuit against Leasing Services, C&H and Benjamin Johnson in November, according to a complaint filed in Kanawha Circuit Court.
Isom claims on Nov. 14, 2019, he was asleep in the bunk of his 2015 Freightliner Cascadia parked off the roadway adjacent to the Pilot Station, northbound on Route 25 in Nitro, an area that is frequently used by truckers who are parking for long periods of time.
Isom's co-worker, Chanz Smith, was also sleeping in an adjacent bunk of the vehicle, according to the suit.
Isom claims Johnson, who was driving a 2006 Crown Victoria owned by Leasing Services, was traveling south on Route 25 when he fell asleep driving and crossed over to the other side of the road and slammed into Isom's truck.
Johnson failed to maintain control of the vehicle by falling asleep and was negligent, causing Isom's injuries, according to the suit.
Isom claims Johnson was negligent and careless and the company defendants were negligent in hiring and entrusting the vehicle to Johnson.
Isom is seeking compensatory damages with pre- and post-judgment interest. He is represented by Damon L. Ellis of Mani Ellis & Layne in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 21-C-1009
