CHARLESTON – The estate of a Tyler County man blames the state Division of Highways and others for removing a guardrail where his fatal car accident occurred.
Willetta Campbell, individually and as administrator of the estate of Steven P. Campbell, filed her complaint in Kanawha Circuit Court against the West Virginia Department of Transportation, Division of Highways and John Doe contractors 1-3.
According to the complaint, Steven Campbell was driving September 18, 2022, on County Route 24 in Doddridge County when he encountered a sharp turn in the roadway at which point his left wheels dropped off of the pavement. The vehicle fell 477 feet down a ravine, overturning multiple times.
The complaint says Campbell initially survived the crash and attempted to climb from the ravine because his body was found several yards uphill from the vehicle. But he died from the multiple blunt-force injuries he suffered in the crash.
The turn in the roadway originally was equipped with a continuous guardrail, according to the complaint. But at the time of Campbell’s crash, multiple sections of the guardrail had been removed as part of an ongoing and active roadway project.
“Had the guardrail been in place, it would have, in all likelihood, prevented Steven P. Campbell from suffering catastrophic and fatal injuries,” the complaint states.
The complaint says the DOH and the contractors were negligent for failing to restore the guardrail in a timely manner. It says the DOH also is liable for negligent hiring and retention of the contractors “who were clearly incompetent and incapable of adequately and safely performing the work necessary.”
The estate seeks compensatory damages for sorrow, mental anguish, solace, loss of society, companionship, comfort, guidance, kindly offices and advice, loss of income, loss of services, protection and care as well as for medical and funeral expenses, Campbell’s pain and suffering before his death, attorney fees, court costs, expenses, pre- and post-judgment interests and other relief.
The estate is being represented by T. Keith Gould of The Miley Legal Group in Clarksburg. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 23-C-734
