CHARLESTON — A man is suing United Services Automobile Association alleging negligence after a car accident.
Mary Painter and John Doe Entity were also named as defendants in the suit.
Dale Stone was a resident of Kanawha County and on Sept. 17, 2021, was traveling on U.S. 119 while Painter was also traveling on U.S. 119, according to a complaint filed in Kanawha Circuit Court.
Stone claims Painter failed to keep a proper lookout and keep her vehicle under control. She also failed to drive at a safe and reasonable speed and failed to yield to stopped traffic ahead of her.
"As a direct and proximate result of the negligent acts of the Defendants...Defendant Mary Painter failed to control and appropriately slow her vehicle causing it to rear-end Plaintiff's vehicle as he slowed his vehicle ahead of her," the complaint states. "Moments later, separate from the above-mentioned collision, Jerad Craif was operating a third vehicle when he failed to control and appropriately slow his vehicle, which contributed to circumstances causing any combination of Defendants to strike Plaintiff's vehicle for a second, distinct time."
Craig's insurance, Esurance, offered to settle the plaintiff's claim against its insured for policy limits of $25,000.
USAA provided automobile insurance for the plaintiff, which included underinsured motorist coverage and gave the plaintiff express consent to settle the claim with Esurance.
Allstate was Painter's insurer and has denied all liability in connection with the accident.
"The plaintiff has submitted a request to Defendant USAA to resolve his underinsured motorist claim, and Defendant USAA has denied his claim and refused any offer to settle the same unless Defendant Painter's liability policy with Allstate is fully exhausted," the complaint states.
Stone claims the defendants are negligent.
Stone is seeking compensatory damages with pre- and post-judgment interest. Stone is represented by Matthew Stapleton and Scott G. Stapleton if Stapleton Law Offices in Huntington.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-336