CHARLESTON – A candidate for Kanawha County Prosecuting Attorney in this spring’s primary election has been sued as a result of an October traffic accident.
Delores Day filed her complaint July 10 in Kanawha Circuit Court against Morgan Maxine Switzer.
According to the complaint, Day was driving a 2023 Hyundai Santa Fe SUV on October 30, 2023. She says she was stopped at the intersection of Kanawha Boulevard East and Greenbrier Street near the state Capitol preparing to turn left onto Greenbrier when the 2018 Mazda CX-5 SUV driven by Switzer failed to stop and crashed into the rear of the vehicle being driven by Day.
Day says Switzer is liable for her injuries and for damages because she negligently failed to stop and crashed into Day’s vehicle.
The civil complaint accuses Switzer of general negligence.
Day says she has incurred medical bills and other economic damages as well as non-economic damages such as pain and suffering, loss of enjoyment of life, annoyance, aggravation and inconvenience.
She seeks compensatory damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Switzer lost a contentious Republican primary race in May to Debra Rusnak, who will face off against Democrat John Mitchell in this November’s general election. Rusnak also was appointed as interim prosecuting attorney last month in the wake of Chuck Miller’s retirement.
Switzer is a Charleston native who graduated from George Washington High School, Marshall University and the West Virginia University College of Law. She has worked in family law and as an attorney in Gov. Jim Justice’s office as well as time as an assistant prosecuting attorney in Kanawha County.
Day is being represented by Christopher J. Heavens of Heavens Law Firm in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 24-C-745
