CLARKSBURG, W.Va. – The widower of a woman killed last September in a multi-vehicle collision in Monongalia County has filed a lawsuit over her death.
The incident happened Sept. 5, 2019 on Mason Dixon Highway (Route 7), near Core.
In the lawsuit, Damone Eddy, on behalf of his wife, Stephanie Eddy, who died in the incident, and Allison Lippert, who was injured, are suing Strike, LLC; Capstone Energy Services, LLC; Anderson Excavating, LLC; Micah McClain; Addey Bennett; Ken Beck; and Nicholas Ali.
The lawsuit claims that Lippert was driving east on Route 7 behind a flatbed trailer hauling a dozer, which were jointly owned by Capstone and Strike, with Stephanie Eddy driving behind Lippert. As the flatbed trailer approached a left curve, the dozer’s blade went into the westbound lane and hit the front driver’s side tire of a dump truck owned by Anderson.
Following this initial collision, the lawsuit states that the dump truck, driven by Ali, hit the driver’s side of Lippert’s vehicle and then flipped on top of Stephanie Eddy’s vehicle. The dump truck weighed approximately 76,937 pounds, which included a load of asphalt that was approximately 300 degrees. This hot asphalt poured onto Stephanie Eddy and inside her vehicle, according to the lawsuit.
Despite efforts to save Stephanie Eddy’s life, she died approximately 30 to 40 minutes after the collision, the lawsuit states.
The lawsuit claims that the dozer’s blade was about 160 inches wide, exceeding the legal limit of 96 inches for vehicles to travel on Route 7. Further, it states that Strike/Capstone failed to obtain an oversized load permit to legally transport the dozer and failed to angle the blade away from oncoming traffic. It also asserts that the dump truck was not traveling at a safe speed prior to the collision.
Following the collision, the lawsuit states the driver of the flatbed, McClain, and the driver of a pilot truck ahead of the flatbed, Bennett, continued to Strike/Capstone’s location near Pedlar Run Road, roughly 3.5 miles from where the collision happened. Neither McClain nor Bennett called 911 or attempted to render aid to Stephanie Eddy or Lippert, according to the lawsuit.
About one hour after a 911 call was placed, McClain and Bennett returned to the general location of the incident, by which time Stephanie Eddy had died, the lawsuit states.
The lawsuit lists 10 counts against the various parties:
- Count I: negligence, gross negligence and recklessness against Strike/Capstone
- Count II: violation of Erin’s Law against Strike/Capstone, Bennett and McClain
- Count III: negligence, gross negligence and recklessness against McClain
- Count IV: negligence, gross negligence and recklessness against Bennett
- Count V: negligence, gross negligence and recklessness against Beck, a Strike/Capstone employee who served as McClain and Bennett’s boss
- Count VI: negligence and recklessness against Ali
- Count VII: respondeat superior/vicarious liability against Strike/Capstone
- Count VIII: respondeat superior/vicarious liability against Anderson Excavating
- Count IX: joint venture, joint enterprise, partnership against Strike/Capstone
- Count X: punitive damages against Strike/Capstone
The lawsuit seeks a variety of damages and requests a jury trial.