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PARKERSBURG -- A lawsuit was recently filed against the Wood County Commission and a deputy sheriff who was involved in a traffic accident in September.
Attorney Harry Deitzler filed the lawsuit on Nov. 22 in Wood County Circuit Court on behalf of Gary and Dorothy Ward of Elizabeth against the commission and Deputy Andrew Shriver. The lawsuit stems from an accident on Sept. 28 on Interstate 77 near Parkersburg.
According to a report from the West Virginia State Police, the accident occurred around 9:30 p.m. in the southbound land of I-77 at the 178.6 mile marker.
The report stated both vehicles were southbound on I-77. The Shriver vehicle was traveling in the far-right lane with the Ward vehicle traveling in front of it. The Shriver vehicle attempted to merge into the left lane as if it was going to pass the other vehicle and then collided causing the Ward vehicle to collide head on with a guardrail and began spinning clockwise before coming to rest further down the road. This caused the driver's side door to open and Gary Ward was ejected, the report stated.
The lawsuit stated the back window of the Ward truck popped out and struck Dorothy Ward on the back of the head, causing contusions. She also had a foot severely injured as a result.
The Wards were in a 1976 Dodge D100 antique truck with Gary as the driver and Dorothy as the passenger. Shriver was driving a 2015 Ford Explorer.
According to the lawsuit, Ward was lawfully driving on I-77 when Shriver "suddenly appeared behind him at a high rate of speed" and collided with them.
"Gary Ward did not realize (and had no reason to suspect), and did not see or hear, that Shriver's law enforcement SUV was approaching in the lane behind him nor did Gary Ward have any reason to perceive, predict or suspect that a vehicle would violently crash into the rear of his truck for no apparent reason while he was traveling on Interstate 77," the lawsuit states. "Until a split second before being struck from behind from the Shriver's vehicle plaintiff Gary Ward had no reason to suspect that any vehicle was approaching or causing potential danger as he was lawfully traveling on Interstate 77."
The lawsuit states Shriver was exceeding the speed limit, but was not responding to an emergency call and did not activate his emergency lights or siren.
The traffic report indicated Shriver was distracted by an electronic communication device.
In his statement in the traffic report, Shriver said he was talking with another deputy on the phone about a call she was responding to regarding an illegal burn. He was heading back to the office to do paperwork.
He noticed tail lights ahead of him in the right lane, according to his statement. He began to pass in the left lane and suddenly felt the collision and his air bags going off. He stopped, called dispatch to alert them of the accident, where he was and went to check on the condition of the Wards. He called for an ambulance.
Once the Wards were taken to the hospital, Shriver was taken to the sheriff's department for an intoxication test. He was then taken to Camden Clark for examination as he was feeling a burning sensation in his left wrist. The test showed no alcohol.
Shriver was cited for following too closely and failure to maintain control.
According to the accident report, Gary Ward refused to provide a statement in regard to the accident
The Wards lost their truck and the property they were transporting on it after going to an auction earlier in the day.
A person who stopped to assist found Dorothy Ward in the truck yelling for her husband, the lawsuit stated. This person found Gary Ward laying next to the guardrail with blood coming from the back of his head and mouth, had abrasions on both arms and knees and he had been "knocked out of his shoes" and appeared to be disoriented and confused. He advised both of them to wait until EMTs arrived.
The person spoke with the deputy, who apparently did not know where the truck came from before the collision, the lawsuit stated.
The lawsuit said Shriver also interacted with Dorothy before identifying himself as the other driver. Other deputies arrived and spoke to Dorothy inferred to her that something was wrong with their truck that caused the collision, the lawsuit said.
According to the lawsuit, the Wards were both "severely and permanently injured" in the accident when Shriver "broke the law, drove too fast, drove distracted, failed to control his vehicle, disregarded the safety of all persons ad drove in a reckless manner on Interstate 77."
The lawsuit said Gary Ward suffered a traumatic brain injury as a result of the accident. Dorothy also suffered permanent injuries.
"…Shriver drove in a negligent, wanton and reckless manner, in disregard for the safety of all persons and property, when he lost control of his vehicle, and crashed violently into the rear of the Ward vehicle," the lawsuit stated.
The couple is seeking judgment against Shriver and the Wood County Commission "in a amount of fair, adequate, lawful and appropriate compensation" as well as "pre-judgment and post-judgment interest, costs, attorneys' fees and costs, and for such other and further relief as the court may deem appropriate and such allowed by law."
A specific amount was not listed.
Wood County Commission President Blair Couch said the commission was aware of the accident, but was unaware of the lawsuit.
"The commission is concerned," he said.
Couch said he could not comment further until he is able to review the lawsuit and confer with legal counsel.
Brett Dunlap can be reached at bdunlap@newsandsentinel.com