Legal 2×11-1/2”
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IN THE CIRCUIT COURT OF NICHOLAS COUNTY,
WEST VIRGINIA
ERIC NICHOLAS and
DANIELLE NICHOLAS, his wife, Plaintiffs,
vs. CIVIL ACTION NO. 18-C-123
MADELYN KEY and
KENNETH BAILES, Defendants.
COMPLAINT FOR DAMAGES FOR VEHICLE ACCIDENT
1. At all times complained of herein, your plaintiffs, Eric Nicholas and Danielle Nicholas, his wife, are residents of Summersville, Nicholas County, West Virginia, who were lawfully operating a 1997 Chevrolet 1500 Pickup owned by Sarah Nicholas, said vehicle being driven by Eric Nicholas with Danielle Nicholas as a passenger.
2. At all times complained of herein and upon information provided, the defendant, Kenneth Bailes, is a resident of Nicholas County, West Virginia, who at the same time and place as your plaintiffs, negligently operated a 2001 Oldsmobile Intrigue owned by Madelyn Key. This vehicle was being used with the permission of the owner, Madelyn Key.
3. On October 24, 2017, your plaintiffs were traveling on WV Route 39 and, when rounding the curve at Shelton’s Trucking, encountered the vehicle owned by Madelyn Key and driven by Kenneth Bailes stopped and sitting crossways in the middle of the highway.
4. Your plaintiff, Eric Nicholas, in order to avoid crashing into the vehicle driven by Kenneth Bailes, swerved his vehicle and, in doing so, struck a rock wall.
5. The defendant, Kenneth Bailes, immediately left the scene of the incident at issue in this complaint.
6. Due to the negligent operation of the vehicle by the defendant, Kenneth Bailes, your plaintiff, Eric Nicholas, was thrown violently about within the vehicle and suffered injuries to his neck and lower back, along with a concussion.
7. Due to the negligent operation of the vehicle by the defendant, your plaintiff, Danielle Nicholas, was thrown violently about within the vehicle and suffered injuries to her neck and right knee, along with a concussion.
8. As a result thereof, your plaintiffs have suffered the following damages:
a. pain and suffering, past, present, and future;
b. doctor, hospital, and pharmaceutical expenses, past, present, and
future;
c. permanent injury;
d. loss of the ability to enjoy life, past, present, and future;
e. annoyance and inconvenience, past, present, and future;
f. mental anguish and emotional distress, past, present, and future.
WHEREFORE, your plaintiffs demand judgment against the defendants, jointly and severally, in an amount sufficient to pay them for their injuries, together with all pre and post judgment interest and costs, along with any other relief this Court may deem proper and necessary under these circumstances.
ERIC NICHOLAS and
DANIELLE NICHOLAS
By Counsel: William A. McCourt, Jr.
William A. McCourt, Jr. #7080
LOSCH & MCCOURT, PLLC
500 Court Street
Summersville, WV 26651
304-872-5651 (phone)
304-872-5652 (fax)
[email protected]
Henry E. Wood, III #4117
WOOD LAW OFFICE, L.C.
4628 Pennsylvania Avenue
PO Box 826
Charleston, WV 25323
304-345-9663 (phone)
304-872-5652 (fax)
[email protected]
SUMMONS
IN THE CIRCUIT COURT OF NICHOLAS COUNTY,
WEST VIRGINIA
ERIC NICHOLAS and
DANIELLE NICHOLAS, his wife, Plaintiffs,
vs. CIVIL ACTION NO. _________
MADELYN KEY and
KENNETH BAILES, Defendants.
TO THE ABOVE-NAMED DEFENDANT: Kenneth Bailes
IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby Summoned and required to serve upon plaintiffs attorney, William A. McCourt, Jr., LOSCH & MCCOURT, PLLC, 500 Court Street, Summersville, West Virginia, 26651, and Henry E. Wood, III, WOOD LAW OFFICE, L.C., 4628 Pennsylvania Avenue, PO Box 826, Charleston, West Virginia 25323, an answer, including any related counterclaim you may have to the COMPLAINT FOR DAMAGES FOR VEHICLE ACCIDENT filed in the above styled civil action, a true copy of which is herewith delivered to you. You are required to serve your answer within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint and you will be thereafter barred from asserting in another action any claim you may have which must be asserted by counterclaim in the above styled civil action.
DATE:
CLERK OF COURT