CHARLESTON — A Kanawha County man is suing West Virginia Health & Plumbing alleging that it and several individuals are responsible for a car accident.
Charles T. Batton, Kristy L. Bechinko and Leoard "Ernie" Bragg were also named as defendants in the suit.
Tyler J. Carroll was operating a 2014 GMC Savannah Van owned by the defendant and Bragg was a passenger in the van, according to a complaint filed in Kanawha Circuit Court.
Carroll claims Batton was operating a 1999 Chevrolet S-10, while Pechinki was operating a 2013 Chevrolet Cruze.
On May 4, 2021, Carroll and Bragg were on their way back from the Joseph F. Weis U.S. Courthouse in Pittsburgh and were taking the defendant's tools back to Charleston, according to the suit.
Carroll claims at approximately 9:05 p.m., he was driving on I-79 when he had to avoid a collision with Batton, who drove his vehicle into the grassy median and flipped into the southbound lanes.
"The plaintiff...enacted safety protocol on the 2014 GMC Savanna Van motor vehicle owned by defendant...by ensuring the vehicle was out of the roadway and activating the vehicle's emergency flashers before exiting the vehicle to render aid to the defendant, Charles S. Batton," the complaint states.
Carroll claims while Bragg directed traffic, two cars stopped, but Pechinko was traveling at a high rate of speed and struck Batton's vehicle and Carroll, who was working to free Batton from his vehicle.
Carroll claims he was thrown into the median from the impact of Pechinko's impact, causing him to sustain injuries, including multiple fractures that caused an above-the-knee amputation of his left leg and life-threatening injuries.
Carroll claims the defendants were negligent and caused his injuries.
Carroll is seeking compensatory and punitive damages. He is represented by Michael Ranson and Cynthina Ranson of Ranson Law Offices in Charleston.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 23-C-22