This spot along the Staff Sergeant Jimmy G. Stewart Highway near Mason is where Point Pleasant attorney and West Virginia Association for Justice lobbyist James M. Casey was involved in an automobile accident with Herbert O. Hoover in 2005. Recently, Casey filed a lawsuit against Hoover’s estate and the Mason Smoke Shak, where Hoover was leaving, alleging they contributed to “permanent injuries and damages” he sustained from the collision. (Photo by Lawrence Smith)
POINT PLEASANT – A Point Pleasant attorney and lobbyist for the state trial lawyer’s association is suing a Bend-area convenience store for contributing to the climate of a 2005 motor vehicle accident which left him with “permanent injuries and damages.”
On Aug. 27, James M. Casey filed suit in Mason Circuit Court against the estate of Herbert O. Hoover and Claytongage Inc. The latter, according to court records, is the parent company of Smoke Time Sam’s, a discount tobacco retailer, with a store in Mason called the Mason Smoke Shak.
In his complaint and suit, Casey alleges that two years earlier he was involved in an automobile accident with Hoover on the Staff Sergeant Jimmy G. Stewart Highway in front of the store. Despite Hoover being responsible for the collision, Casey maintains that the Mason Smoke Shak bears part of the blame due to the “unsafe layout and design of the tobacco store premises.”
‘Carelessness and recklessness’
According to court records, Casey was traveling in the Highway’s southbound lane driving a 2002 Lincoln LS on Aug. 28, 2005. About 12:03 p.m. he collided with a 2002 Chevrolet S-10 pickup truck driven by Hoover in the unincorporated town of Clifton, just outside the town of Mason’s corporate limits.
The collision occurred, records show, when Hoover attempted to exit the Mason Smoke Shak’s parking lot, and make a left turn into the Highway’s northbound lane.
“The decedent, Herbert O. Hoover, negligently, carelessly and recklessly failed to yield to oncoming traffic and pulled his automobile into the path of the vehicle being driven by the Plaintiff, James M. Casey,” Casey says in his suit.
“The decedent, Herbert O. Hoover,” Casey added, “negligently, carelessly, recklessly, and/or in violation of the law failed to yield the right of way, failed to keep a proper lookout, failed to apply the brakes properly, failed to keep the vehicle under proper control, and further failed to operate the vehicle in a safe manner under the conditions then and there existing, all of which proximately caused a collision between the above mentioned vehicles.”
Because of Hoover’s “negligence, carelessness, recklessness and/or violation of law,” Casey alleges he has suffered “permanent injuries and damages to his bones ligaments, tendons, muscles nerves and other tissue in his neck, shoulder and back.” These injuries, Casey alleges, have lasting consequences.
“As a result of the said injuries and the consequences therefrom, Plaintiff, James M. Casey will require until the end of his life, medical and hospital care, attention and treatment,” Casey says in his suit.
“Plaintiff has suffered physical pain, discomfort, mental anguish and nervous and emotional damage and disorder and the inability to enjoy the normal pursuits of life, including recreational endeavors,” he added.
Since Hoover’s estate is named as party in the suit, it is not clear if he died as a result of the collision, or at a later time. However, Casey says through Hoover’s insurance carrier, he has “resolved all claims” against Hoover’s estate, and brings the suit against it “in name only” for the purpose of possibly being awarded judgment “in an amount to be specified later.”
‘Imminent peril’
Hoover is not alone in being responsible for Casey’s injuries. In his suit, Casey alleges that the Mason Smoke Shak, where Hoover was leaving, bears an equal, if not larger part, of the blame.
“Due to the hazardous conditions in the layout, design, limitation of space and congestion in parking area, proximity to the edge of the roadway, and obstruction of view in the parking area of Smoke Time Sam’s and Mason Smoke Shak, the Plaintiff, James M. Casey was injured as a proximate result of the negligence, carelessness and recklessness of the Defendant, Claytongage, Inc. d/b/a Smoke Time Sam’s and Mason Smoke Shak.
In his suit, Casey alleges both he and the general public were placed “in imminent peril” by the Mason Smoke Shak’s location. According to Casey, “[t]he Defendant … was negligent, careless and reckless in failing to layout and design the tobacco store premises in such a way as to avoid hazardous conditions and placing oncoming motorists in imminent peril, in failing to adequately supervise the premises, in failing to maintain control of the premises, in failing to have an unobstructed view of the highway from parking congestion, plans, design or maintenance, and further in failing to warn of the hazards thereof.”
Because of this, Casey alleges the Mason Smoke Shak contributed to the injuries he sustained from the collision with Hoover. The injuries, and subsequent medical treatment, Casey maintains has led him to lose “profits, income and wages as a result of being unable to work.”
In addition to Hoover’s Estate and Claytongage, Inc., Casey named his insurance carrier, American Select Insurance Company d/b/a Westfield Insurance, in the suit under provisions of state law dealing with underinsured motorist coverage.
Case filed after removal as city attorney
Though Casey’s suit was filed within the two year statute of limitations from the time the incident occurred, it also comes two months after he was replaced as Point Pleasant’s city attorney.
When Mayor Marilyn M. McDaniel and the Republican-dominated city council took office July 1, they voted to replace Casey, a Democrat, with Ronald F. Stein Jr.
Records show in fiscal year 2006-07 that Casey was paid $14,423 for his services as city attorney.
Also, Casey has been a long-time lobbyist for the West Virginia Association for Justice, which formerly was known as the West Virginia Trial Lawyers Association.
In both the legislative sessions following his accident, Casey actively represented WVAJ in Charleston.
Attempts to reach Casey for a comment were unsuccessful as of presstime Thursday. Likewise, Amy M. Smith, one of Claytongage Inc.’s corporate officers in Parkersburg that Casey named in his service of process notice, was unavailable for comment.
The case has been assigned to Mason Circuit Judge David W. Nibert.
Mason Circuit Court Case No. 07-C-131