KEYSER — A man is suing Potomac Valley Transit Authority for injuries sustained by his family member.
Richard Rotruck filed the lawsuit against PVTA alleging it is responsible for the injuries of Nancy Cunningham, according to a complaint filed in Mineral Circuit Court.
Rotruck claims on Feb. 19, 2020, a shutter owned by PVTA was transporting Cunningham, who was wheelchair-bound, to a doctor's appointment.
During the transport, the defendant's employees failed to restrain Cunningham and her wheelchair and the wheelchair rolled forward into the back of a seat, causing bruising to her shin, according to the suit. The shun subsequently became infected.
Rotruck claims the defendant owed a duty to Cunningham to restrain her in her wheelchair and to restrain her wheelchair so that she wouldn't be harmed.
The defendant breached its duty by failing to keep Cunningham safe when she was being transported to her appointment and the breach constitutes a negligent, wanton, reckless and outrageous disregard for the health, safety and welfare of Cunningham, according to the suit.
Rotruck claims Cunningham sustained personal injuries, pain, suffering, medical bills, loss of enjoyment of life, annoyance and inconvenience.
Rotruck is seeking compensatory damages. He is represented by Scott E. McClure and Jason Goad of McClure Goan in Huntington.
The case is assigned to Circuit Judge James W. Courrier Jr.
Mineral Circuit Court case number: 22-C-8