BECKLEY — Two lawsuits were filed against the Greenbrier County Committee on Aging alleging that they caused a car accident.
John Doe and Timothy Osborne were also named as defendants in the suit.
Hommy Rosa and Amy Bess were in a vehicle driving eastbound on U.S. 60 in Greenbrier County on Dec. 20, 2020, and stopped to turn left, letting traffic clear before turning, according to two complaints filed in U.S. District Court for the Southern District of West Virginia.
"The vehicle which Plaintiff was driving was being operated in a lawful manner at the time of the crash which gives rise to this Complaint," one of the complaints states. "At the time and place of the incident described herein, Defendant Osborne was driving a van, also traveling eastbound on U.S. Route 60, behind Plaintiff."
The van driven by Osborne was owned by the Committee on Aging and Osborne approached the stopped vehicle and negligently, carelessly and recklessly rear-ended Rosa and Bess, according to the suit.
The plaintiffs claim the collision was caused by the negligence, carelessness, and recklessness of Osborne and the Committee on Aging.
The collision was foreseeable to Osborne and the Committee on Aging and could have been avoided had the defendants acted in a safe and prudent manner as required by West Virginia law.
"As a direct and proximate result of the Defendants’ negligence, carelessness, and recklessness, Plaintiff Hommy Rosa suffered serious and debilitating injuries and damages, including, but not limited to, personal injuries and economic damage, both general and specific," the complaint states.
The plaintiffs claim the defendants were negligent and the committee was responsible because it entrusted the vehicle to Osbourne.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Douglas R. Miley of The Miley Legal Group in Clarksburg.
U.S. District Court for the Southern District of West Virginia case numbers: 5:22-cv-00403, 5:22-cv-00404
