WINFIELD – The estate of a Putnam County man blames two road construction companies for his death.
Benjamin Olkaker, as administrator of the estate of Earl E. Hayes, filed his complaint February 12 in Putnam Circuit Court against West Virginia Paving Inc. and Southern Traffic Solutions LLC.
According to the complaint, Hayes was driving north on W.Va. 62 near Buffalo on April 3, 2023, when he entered the construction zone in which the defendants were paving and piloting traffic. The complaint says the paving was creating large clouds of dust, but no pilot car escorted Hayes and others through the construction zone.
As he proceeded through the zone at a reduced speed, Hayes lost sight of the road because of the dust, left the roadway, went airborne and crashed his vehicle into a ditch. Hayes sought medical treatment at Pleasant Valley Hospital and later was transported to Cabell Huntington Hospital, where he was diagnosed with a vertebral fracture.
He had surgery to repair the fracture but developed pharyngeal dysphasia and remained hospitalized for 28 days. He passed away May 1, 2023, after the pharyngeal dysphasia caused him to develop pneumonia.
The estate accuses the defendants of negligence and West Virginia Paving of negligent hiring, retention and supervision.
Oldaker seeks compensatory damages for Hayes’ injuries, medical bills, funeral expenses and burial costs as well as damages for Hayes’ heirs for mental anguish and loss of his society, companionship, comfort, guidance, kindly offices, advice, services, protection, care and assistance. He also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by Nathanial A. Kuratomi and Robert B. Warner of Warner Law Offices in Charleston.
Putnam Circuit Court case number 24-C-35