CHARLESTON – A Fayette County woman is suing two trucking companies and the West Virginia Division of Highways for injuries sustained in an accident when an overloaded logging truck hit her and her grandson on U.S. 60.
Sandra J. Jones, individually and as next friend of W.J., filed her complaint February 23 in Kanawha Circuit Court against Big Diamond Trucking Inc., Jane Lee Enterprises Inc. and the West Virginia DOH.
According to the complaint, Jones was driving her 2017 Nissan Sport eastbound on U.S. 60 on September 27, 2021, near her home in Lookout with her grandson when she came to the intersection with Propps Ridge Road in the Winona Dip area. As she waited in the left turn lane, a Peterbilt tractor trailer owned and operated by BDT and pulling a trailer owned by JLE approached from the opposite direction on a downhill slope. Then, she says the truck crossed the double center line and struck her vehicle.
diTrapano
She says the truck was “greatly exceeding” the posted speed limit of 45 miles per hour. She also says the trailer was carrying 107,700 pounds of cut logs, which exceeds the legal weight limit of 80,000 pounds. BDT and driver James Groves were issued a citation by the Department of Transportation for carrying cargo in excess of the legal limit.
Jones also says the driver did not employee a compression release brake or “Jake Brake” like most trucks do in that area.
She says emergency responders had to use the “Jaws of Life” to extricate her from her vehicle, which was badly damaged. She suffered multiple leg fractures and other injuries that required her being transported to the Level 1 Trauma Center at Charleston Area Medical Center General Division.
Jones underwent surgical repairs on both legs that required wires, plates and screws. She also had extensive scans, x-rays, infusions, oxygen therapy and catheter insertion. She says she was bedridden for several weeks, required full-time assistance at home and medical administration.
She says she now walks with a limp and will require additional surgeries to remove the plates.
Her grandson suffered a broken thumb, lacerations to both legs and right ear and bruising to his right shoulder. She says he also suffers elevated anxiety when riding in vehicles. When she was bedridden, a caretaker also had to tend to W.J., who Jones has adopted and is diabetic.
Jones accuses the defendants of negligence, and she accuses BDT and JLE of recklessness.
She seeks compensatory damages for physical and mental pain and suffering, disability and impairment, loss of enjoyment of life, emotional distress, medical care and treatment expenses, annoyance and inconvenience. She also seeks punitive damages, attorney fees, court costs and other relief.
Jones is being represented by L. Dante diTrapano and Charles F. Bellomy of Calwell Luce diTrapano in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-167