West Virginia Towing Company Sued for Injuries

A West Virginia man is suing McGuire’s Towing and Recovery, claiming he was injured in a motor vehicle accident caused by one of the company’s employees.

The man, Carl Frisk, has named Gary Michael McGuire, owner of McGuire’s Towing and Recovery, as well McGuire’s employee, Jonathan Matthew Napier, as the defendants in the lawsuit. According to the complaint filed on April 10, in Cabell Circuit Court, the incident occurred on April 25, 2010, when Frisk was riding in the passenger seat, in a vehicle heading eastbound on Interstate 64 in Milton, West Virginia. According to Frisk, as the vehicle approached the top of the hill, the driver of the vehicle noticed that traffic had stopped for something ahead. The driver of Frisk’s vehicle stopped to avoid a collision with other vehicles ahead. Frisk states that seconds later, the operator of a tow truck driver owned by McGuire, Napier, slammed into the back of Frisk’s vehicle.

The lawsuit filed by Frisk and his representing attorneys, Charles M. Johnstone II and Madeline G. George of Johnstone & Gabhart LLP., states that the defendants are at fault because Napier had the duty to exercise reasonable and ordinary care during the operation of a motor vehicle over West Virginia roadways. In this incident, being the owner of the company and held liable for employee’s actions, McGuire had the duty to ensure that his employee was complying with state and federal laws during the operation of a motor vehicle over a West Virginia roadway. According to the lawsuit filed by Frisk, Napier was negligent, careless and reckless in the operation of his vehicle by failing to yield right of way. Napier also failed to maintain control of his vehicle, operating his vehicle at a speed too fast for the conditions and allowing his vehicle to cause a collision with the vehicle Frisk was a passenger in. Frisk claims the defendants’ negligent, careless and reckless operation of the vehicle caused his personal injuries. The case is assigned to Circuit Judge Christopher D. Chiles.

When a vehicle accident happens while an individual is driving a vehicle, in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. This is most commonly a problem in cases where a truck driver, or a commercial vehicle driver causes an accident, and his or her employer is sued. Whether or not an employer will be liable, depends on whether there is some legal reason for assigning responsibility to the employer. When a company hires an employee that will be driving a company vehicle, the employer has the duty to exercise reasonable due diligence in order to make sure that the employee is a safe driver. Another way an employer can be held responsible for employee accidents is called negligent supervision. Employers must have satisfactory safety policies in place, as well as make sure all of their drivers comply with safety laws. If an employer fails to check and make sure that the employee is exhibiting reasonable care and skill in doing the job required, then that employer is liable for negligence. If you or a loved one are hurt in a vehicle accident due to a collision with another company vehicle, you are encouraged to contact a personal injury attorney immediately.

Sources:
https://wvrecord.com/news/274219-man-sues-towing-company-for-injuries

https://www.alllaw.com/resources/car-accident-claims/employer-liability.htm