CHARLESTON — The West Virginia Department of Transportation Division of Highways is suing Boise White Paper alleging it owes nearly $30,000 for an accident that caused damages to the interstate.
Banjo Enterprises and Brian Elwin Orr were also named as defendants in the suit.
Orr was operating a Kenworth T880 truck tractor owned by Boise White Paper and was towing a 2007 Wabash National Corp. semi-trailer on Interstate 79 on Aug. 27, 2021, according to a complaint filed in Kanawha Circuit Court.
WVDOT claims Orr swerved while on the overpass of Halleck Road and struck a concrete barrier on the bridge twice. While doing so, the tractor-trailer veered off to the right side of the interstate and struck a guardrail, which broke and the vehicle then continued down over the hill.
After going down the hill, the vehicle rolled on its side and Orr was trapped inside, requiring the aid of EMS workers and the fire department to extricate him, according to the suit.
WVDOT claims the interstate was shut down for several hours while hazmat crews cleared the area. WVDOT claims the cost of cleaning up after the incident is $28,986.77.
As a direct and proximate cause of the negligence, the plaintiff incurred costs and damages, according to the suit.
WVDOT is seeking damages in the amount of $28,986.77. It is represented by Stacy A. Jacques of WVDOT's Legal Division in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-761