CHARLESTON — A woman filed a lawsuit against Foster Construction claiming its employee was driving negligently and caused a car accident in which she was injured.
Gary Mosley was also named as a defendant in the suit.
Desaray Pauley was the passenger in a vehicle stopped at a red light at the intersection of Washington Street West and Springdale Drive in Charleston on June 24, 2022, according to a complaint filed in Kanawha Circuit Court.
Pauley claims at the same time, Mosley was traveling on Washington Street West behind the vehicle Pauley was in and Mosely did not stop at the red light and, instead, struck the rear of the vehicle Pauley was traveling in, which caused her injuries.
Mosley had a duty to the plaintiff to operate Foster Construction's truck in a safe, prudent and reasonable manner and breached those duties of care by failing to maintain control of the vehicle, according to the suit.
Pauley claims Mosley was negligent, inattentive, careless and improper in his driving.
"As a direct and proximate result...Plaintiff suffered personal injuries and related damages for which she seeks a recovery herein," the complaint states. "Defendant Foster Construction LLC, by and through the actions of its employees or agents, is vicariously liable for the negligent and otherwise tortious conduct of Gary Mosley."
Pauley endured physical and emotional pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, annoyance and inconvenience, and other damages as a result of the crash, according to the suit.
Pauley claims she had to undergo medical treatment as a result of the crash and medical expenses were incurred.
Pauley is seeking compensatory damages with pre- and post-judgment interest. She is represented by Benjamin D. Adams and Mark E. Troy of Morgan & Morgan in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-483
