CHARLESTON — The West Virginia Department of Transportation Division of Highways sued Western Express claiming one of its employees damaged a guardrail in an accident.
Kevin A. Farmer also was named as a defendant in the suit.
DOH claims on May 24, 2021, Farmer was operating a truck owned by Western Express in West Union when he attempted to turn the vehicle onto Rock Run Road and collided with a guardrail, according to a complaint filed in Kanawha Circuit Court.
DOH claims Farmer was driving the vehicle on Big Flint Road when he attempted to make the turn onto Rock Run Road.
"The Defendants...owed a duty to the Plaintiff, to operate the semi-truck in a reasonable, safe manner designed to prevent injury to the property of Plaintiff upon which their vehicle was traveling and to comply with the laws of the State of West Virginia in the operation of said vehicle," the complaint states.
DOH claims Western Express and Farmer operated the vehicle in a negligent manner that resulted in costs and damages to property owned by the DOH.
Western Express is liable for the negligent actions of its employee as the owner of the vehicle, according to the suit.
"As a direct and proximate result of the negligence of the Defendants...the Plaintiff has incurred costs and damages in the amount of $10,223.87," the complaint states.
DOH is seeking compensatory damages in the amount of $10,223.87, along with court costs, attorneys fees and any other fees deemed reasonable by the court. It is represented by Stacy A. Jacques in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-449