CHARLESTON — A man is suing Tyler Trucking Co. claiming he was injured after an employee caused him to lose control of his vehicle.
In Tyler Trucking's answer to the complaint, the company argues that the plaintiff's injuries were caused in whole or in part by third parties and not by the conduct of the defendants.
"The negligence of the Plaintiff was equal to or greater than the negligence if any, of all parties to the incident or incidents alleged in the Amended Complaint and, accordingly, the plaintiff is barred from any recovery herein," the answer states.
Ricky Cooper and the West Virginia Department of Transportation, Division of Highways were also named as defendants in the suit.
James Franklin Baisden was operating a truck on W.Va. 94 in Kanawha County while Cooper was operating a tractor-trailer owned by Tyler Trucking, according to a complaint filed in Kanawha Circuit Court.
"As the vehicles approached each other, the trailer of the Tyler Trucking tractor-trailer swerved into Mr. Baisden's lane of travel," the complaint states. "Mr. Baisden took evasive action to avoid striking the trailer. As a result of taking evasive action, Mr. Baisden lost control of his vehicle, which then struck another vehicle in a head-on impact."
Cooper argued the reason his trailer went into the opposing lane of traffic was because he had just come upon a WV DOH mowing crew, which was stopped or otherwise proceeding slowly in a curve, according to the suit.
Baisden claims he sustained property damage, lost wages, medical expenses, pain and suffering, physical limitations, diminished capacity to enjoy life and annoyance and inconvenience.
Baisden is seeking compensatory and punitive damages. He is represented by R. Chad Duffield of Farmer, Cline & Campbell in Charleston.
Tyler and Cooper are represented by Trisha A. Gill and Paul D. Svirbel of Litchfield Cavo LLP.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-577