WILLIAMSON – The mother of a high school senior has filed a wrongful death lawsuit against the woman who struck and killed the young man this summer.
April Lynn Thomas, administratrix of the estate of Joshua A. Thomas, filed her complaint October 24 in Mingo Circuit Court against Connie Louise Dempsey and Logan Pest Control, her employer.
Joshua Thomas was struck and killed July 22 by a work vehicle driven by Dempsey as he walked back to his mother's vehicle along the berm of U.S. 119 in Mingo County.
Truman Chafin
| File photo
“Despite the clear presence of a young pedestrian, the driver failed to even slow down, resulting in a heartbreaking and irreversible loss,” attorney H. Truman Chafin told The West Virginia Record. “April Thomas and her family are devastated by this senseless tragedy and are seeking justice for their son.”
According to the complaint, Thomas was preparing to enter his mother’s Chevrolet Avalanche on the shoulder of U.S. 119. Dempsey was operating a Chevrolet Silverado traveling northbound at an excessive rate of speed, the complaint states.
“Without slowing down, applying her brakes or trying to change lanes, as evidenced by the black box data from the defendants’ Chevrolet Silverado truck, defendant Dempsey negligently and recklessly struck, ran over and killed Joshua A. Thomas as he attempted to enter his mother’s vehicle,” the complaint states. “Dempsey had a clear and unobstructed view of Joshua A. Thomas standing on the side of the road and had ample space to avoid striking him. Despite these circumstances, defendant negligently failed to take any reasonable action to avoid, striking, running over and killing plaintiff’s decedent.”
The complaint says Thomas’ parents witnessed the accident and tried unsuccessfully to resuscitate him at the scene.
April Thomas accuses the defendants of wrongful death and says the estate is entitled to recover compensatory damages under the West Virginia Wrongful Death Act, including funeral and burial expenses, medical expenses as well as compensation for reasonably expected loss of income and services, protection, care and assistance he would have provided in addition to sorrow, mental anguish, solace, society, companionship, comfort, guidance, kind offices and advice.
The estate also seeks punitive damages, court costs, attorney fees, pre- and post-judgment interests and other relief.
The estate is being represented by H. Truman Chafin, Tish Chafin and Stacey Kohari of The Chafin Law Firm in Williamson. The case has been assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number 24-C-114