CHARLESTON – The estate of a Jackson County man says he was served too much at a casino before he ended up in a fatal accident on the way home.
Joseph Taylor, as executor of the estate of Malcolm Taylor, filed his complaint June 5 in Kanawha Circuit Court against Racing Corporation of West Virginia doing business as Mardi Gras Casino & Resort, XPO Logistrics Freight, Mark Allen Fisher, Red’s Auto Center and a John Doe defendant.
According to the complaint, Malcolm Taylor went to Mardi Gras in Cross Lanes on December 6, 2021, to use free play coupons he had received in the mail from the casino. During his time at the casino, he was served alcohol for up to eight hours, including “after being aware he was intoxicated” and “intended to operate a motor vehicle while under the influence.”
But, the complaint says Mardi Gras did not take action to prevent Taylor from operating his vehicle while intoxicated.
Meanwhile, a tractor trailer owned by XPO broke down. Red’s was called to tow the rig away, but Red’s vehicle broke down as well on Interstate 64 near Dunbar. XPO then sent a second tractor, operated by Fisher, to pick up its trailers and take them to their destination.
Red’s pulled the first XPO tractor forward to allow room for the second tractor to pick up the broken-down trailers, according to the complaint. “As the second XPO trailer approached the site on I-64, the Red’s driver signaled for that drive to stop. He unlawfully stopped in a lane of traffic, the complaint states.
At 8:36 p.m., Taylor was involved in a collision with XPO’s second trailer. There were no flares, triangles or other warning signals on the road, according to the complaint. And the trailers were not connected to be able to operate flashers or other warning signals.
Taylor sustained multiple blunt-force injuries in the crash, and he died from those injuries on December 7, 2021.
The estate accuses all of the defendants of negligence, and it accuses XPO and Red’s of negligent hiring, supervision, retention and/or training.
The estate seeks compensatory damages, punitive damages, attorney fees, court costs and damages for the decedent’s pain, fear, anguish and suffering from the collision until his death. It also seeks damages for sorrow, mental anguish and solace of Taylor’s survivors. It also seeks compensation for his reasonable expected loss of income and earning capacity, his expected services, protection, care and assistance as well as reasonable funeral expenses.
The estate is being represented by Amanda J. Taylor and Russell A. Williams of New Taylor & Associates in Beckley. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 23-C-490
