CHARLESTON — A Sissonville woman is suing the West Virginia Department of Transportation, Division of Highways alleging she was injured due to negligent road work.
Jimmy Wriston, as secretary of transportation and commissioner of the DOH, was also named as a defendant in the suit.
Melissa Provenzano was a restrained driver of a 2020 Chevrolet Malibu and traveling south on U.S. 21 on April 27, 2021, while the defendants were doing road maintenance on the road, according to a complaint filed in Kanawha Circuit Court.
Provenzano claims the DOT had cut and ground trenches in the roadway without proper notice and/or detour and her vehicle struck the holes, causing her to lose control of her vehicle.
Deputy C.D. Lyons with the Kanawha County Sheriff's Department performed an investigation at the scene and noted the crash resulted from the plaintiff hitting the construction, according to the suit.
"Defendant WVDOH-DOT's operation of their work zone described above constitutes negligence," the complaint states.
After the collision, Provenzano was then transported to the hospital for evaluation and her vehicle was damaged. She suffered physical and emotional injury and property damage as a result of the accident.
As a result of the defendant's failure to warn and improper road work/maintenance, while they were actively working on the site, the plaintiff crashed her vehicle and sustained injuries and damages, according to the suit.
Provenzano claims she suffered a back strain, cervicalgia, sprain of the ligament of the thoracic spine, praise of other parts of the lumbar spine and pelvis, contracture of muscles, migraines and chronic post-traumatic headaches.
Provenzano is seeking compensatory and general damages with pre- and post-judgment interest. She is represented by Jonathan R. Mani of Mani, Ellis & Layne in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-458