NOTICE IN THE CIRCUIT COURT OF CABELL COUNTY, WEST VIRGINIA Civil Action No.: 17-C-43 Hon. Gregory L. Howard, Judge NATIONWIDE INSURANCE COMPANY OF AMERICA, an Ohio Corporation, Plaintiff, v. DEREK KEELING, Defendant, and LACY LAUDERBAUGH and MARGO ROSSIGNOL, Intervenors. CROSSCLAIM Of INTERVENOR LACY LAUDERBAUGH COMES NOW Intervenor Lacy Lauderbaugh, by counsel, Thomas P. Boggs, Kenneth R. Bannon and the Law Firm of Duffield, Lovejoy, Stemple and Boggs, and for her Crossclaim states as follows: JURISDICTION AND VENUE 1. At all times relevant to this action, Intervenor Lacy Lauderbaugh was and is a resident of Hanover, Jefferson County, Indiana. 2. Upon Information and belief, at all times relevant to this action, Derek Keeling was and is a resident of Nashville, Davidson County, Tennessee. 3. The motor vehicle collision, which is the subject of this crossclaim occurred in Cabell County, V'N, on or about August 5, 2016. 4. Venue for the present action lies with this Honorable Court by virtue of West Virginia Code section 56-1-1(a)(1), and other authority. FACTS 5. On August 5, 2016, Ms. Lauderbaugh was operating her vehicle eastbound on Interstate 64, near Milton, Cabell County, WV. 6. At the same time on August 5, 2016, Derek Keeling was operating a vehicle, a 2009 BMW, on Interstate 64 in Cabell County, West Virginia directly behind the vehicle operated by Intervenor Lacy Lauderbaugh. 7. As Ms. Lauderbaugh was driving eastbound on Interstate 64, Mr. Keeling struck Ms. Lauderbaugh's vehicle from behind, causing Ms. Lauderbaugh's vehicle to roll over and off the South side of the roadway. 8. Upon information and belief, Mr. Keeling followed Ms. Lauderbaugh too closely, operated his vehicle in a reckless manner and failed to maintain control of his vehicle, for each of which Mr. Keeling was issued citations. 9. Ms. Lauderbaugh and her passenger Margo Rossignol suffered harms and losses including, but not limited to property damage to Ms. Lauderbaugh's vehicle, deemed a total loss, past medical expenses, expected future medical expenses, permanent injuries, pain and suffering, annoyance, inconvenience, and such other damages as may later be proven. COUNT ONE: NEGLIGENCE AGAINST DEFENDANT DEREK KEEUNG 10. Intervenor incorporates the allegations and inferences of all preceding paragraphs of the Crossclaim into this Count. 11. On August 5, 2016, Defendant Derek Keeling had a duty to operate his vehicle in a safe and careful manner, such as would a reasonably prudent driver on the roads of the State of West Virginia. 12. By illegally following Ms. Lauderbaugh too closely, operating his vehicle in a reckless manner and failing to maintain control of his vehicle, Defendant Keeling breached his aforementioned duty to operate his vehicle in a safe and careful manner. 13. Defendant Keeling's multiple breaches of his duty to operate his vehicle in a safe and careful manner on August 5, 2016 were the direct and proximate cause of the collision, which occurred on August 5, 2016, which is the subject of the present Crossclaim. 14. As a direct and proximate result of Defendant Keeling's multiple breaches of his duty to operate his vehicle in a safe and careful manner on August 5, 2016, Lacy Lauderbaugh has suffered general and special damages, as may be later proven. WHEREFORE, Intervenor Lacy Lauderbaugh prays that this Honorable Court will ENTER judgment in favor of Intervenor Lacy Lauderbaugh and GRANT damages sufficient to compensate Intervenor Lacy Lauderbaugh for her damages, including, but not limited to property damage to Ms. Lauderbaugh's vehicle, past medical expenses , expected future medical expenses, permanent injuries, pain and suffering, annoyance, inconvenience, pre-judgment and post-judgment interest, and such other damages as may later be proven, and for such other damages and further relief as this Court deems just. LACY LAUDERBAUGH By Counsel Thomas P. Boggs, Esq. (W.Va. Bar ID #10681) Kenneth R. Bannon, Esq. (WV Bar No. 12840) DUFFIELD, LOVEJOY, STEMPLE & BOGGS, PLLC P.O. Box 608 Huntington, WV 25710-0608 (304) 522-3038 TBoggs@Duffield Lovejoy.com (Counsel for Intervenors) LH-54295 7-19,26; 2017
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