CHARLESTON — Kanawha Valley Regional Transport Authority denied all allegations against it in a lawsuit where a woman claimed she was injured while on one of its buses.
KRT contends the plaintiff's injuries were caused by misconduct, acts or omissions of others over which the authority had no control, according to the answer filed on Feb. 6 in Kanawha Circuit Court.
KRT also argues the venue may be improper and there may be insufficiency of the service process, according to the answer.
"This Defendant intends to rely upon the defense of unavoidable consequences," the answer states. "This Defendant raises and preserves the defense of the emergency doctrine."
KRT is represented by Duane J. Ruggier II and Omar D. Ahmad of Pullin, Fowler, Flanagan, Brown & Poe in Charleston.
Joyce Walker was a passenger on a KRT bus on July 22, 2021, when the bus suddenly and without warning, slammed on the brakes of the bus in an abrupt and violent fashion, which, in turn, threw her into hard and unprotected sections of the bus interior, which caused her injuries.
Walker claims the abrupt braking of the driver of the bus was excessive and unnecessary and was done in a negligent fashion, according to a complaint filed in Kanawha Circuit Court.
"Accordingly, and to the extent that such conduct constituted negligence, such negligence was the direct and proximate cause of injuries and related damages suffered by the Plaintiff and the Plaintiff is entitled to a recovery of such damages against the Defendant herein," the complaint states.
Walker claims she endured physical and emotional pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, annoyance and inconvenience and other damages.
Walker is seeking compensatory damages with pre- and post-judgment interest. She is represented by Mark E. Troy of Morgan & Morgan in Charleston.
Kanawha Circuit Court case number: 22-C-811