The Record, CHARLESTON - The father of a Sissonville teenager who was the passenger in a fatal June 2005 car accident is suing the deceased driver's estate.
Allen R. Harper filed the lawsuit June 7 in Kanawha Circuit Court against Jerry Myers, the administrator of the Estate of Jamie L. Myers, Sharon Mitchell, John Layne II, Johnny's Place, Liberty Mutual Fire Insurance Co. and a John Doe.
Harper, of Sissonville, says 20-year-old Jamie L. Myers was intoxicated and speeding when he crashed into a brick building in the early morning hours of June 25, 2005. His son Joshua, 19, was a passenger in the car.
According to the complaint, Myers was driving his 2005 Dodge Neon SRT-4 at 4 a.m. after leaving a party. It says he was driving more than 100 mph in a 40 mph speed zone in Sissonville when he spotted Mitchell, who was intoxicated after leaving Johnny's Place, also known as J.J.'s Bar.
It says he lost control of the vehicle and crashed into a building, instantly killing both occupants. The crash split the car in two.
The lawsuit blames John Doe, the unknown bartender at J.J.'s Bar, and Layne II, the bar's owner, for letting Mitchell get overly intoxicated after legal serving hours. It calls her a "habitual drunkard."
"Defendant Sharon Mitchell was walking along the centerline of Sissonville Dr. as a pedestrian and thus created a hazardous condition and posed an unreasonable risk to traffic on Sissonville Dr.," the complaint says.
Michael A. Olivio is the plaintiff's attorney.
Allen Harper is seeking compensatory and punitive damages. He charges Myers with drinking under the influence, driving at unreasonable speeds and reckless driving.
geez.. i feel for the family.. but come on. being drunk isnt an excuse for getting into a car with a drunk driver. maybe,.. just maybe their kid made a bad choice that night.
oh no its never my kids fault. Its the guys they were with................ uh I guess they should have taught there kid better values and maybe they would have picked better friends?
We need to stop helping people, Darwins theory of survival will never work if we save everyone
I dont think you should be able to sue for wrongful death for a child. Most children are a liability and dont usually contribute to the income of the family. If a parent is killed I could see trying to recoupe the lost income etc..I really dont believe you should be able to sue for large sums of money in these cases where someone dies. If a person is currently making 50k a year they will never in their lifetime probably make 200 million. (This is just an example) How else are you going to quantify what a person's life is worth. I realize these decisions are a form of punishment for large corporations etc., but eventually we all pay the tab for these bogus lawsuits.
The parents should countersue for raising their kid to be dumb enough to get in another drunkards car.
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"This car is 100% sh*ts and giggles." ...and is missed on an hourly basis.
"Speed has never killed anyone. Suddenly becoming stationary... that's what gets you." Jeremy Clarkson
That's such BS. It really makes you lose faith in humanity when you see people like this that are just trying to get money becuase their kid made a bad choice. Makes me sick...
The bar should still be sued and shut down for serving to minors. I've seen that happen before. Parents can't watch their 19-20 years olds all the time.
Is everyone missing the chick walking in the middle of the street???? Looks like they tried to avoid this drunk chick & wrecked.
"Defendant Sharon Mitchell was walking along the centerline of Sissonville Dr. as a pedestrian and thus created a hazardous condition and posed an unreasonable risk to traffic on Sissonville Dr"
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11.9@117 so far.
Wiseman - Just cuz someone else has a fast car with the same parts as you, doesn't mean your car is fast.
Work harder, millions of people on welfare are depending on you.
i live ten minutes from where this happened the guy that totaled the SRT had totaled 2 other car in the 6 months before this one, and his parents kept buying him new cars
btw the tranny out of that car is in mine now
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Mods:
Mopar Cat-Delete
Custom 2 1/2 inch exhaust
AGP BOV conversion
Poly Motor mount inserts
These are the parts a driver has to touch, the rest of the interior, which remains low-rent, is irrelevant
The price of the SRT Line of vehicles does not include the driver Mod and this mod will void your warrenty
The bar should still be sued and shut down for serving to minors. I've seen that happen before. Parents can't watch their 19-20 years olds all the time.
The driver and passenger of the SRT-4 got drunk at a party, not the bar.
The bar is being sued for continuing to serve the woman after legal serviung hours. You see they're trying to shift the blame from their own child's decision to drink and drive, and place on a woman who atleast had enough sensibilty to walk home.
The bar should still be sued and shut down for serving to minors. I've seen that happen before. Parents can't watch their 19-20 years olds all the time.
dude.. parents shouldnt HAVE to watch their 19-20 year olds.... ever!
if you've been on this earth for 19 years and can't even keep yourself out of a drunk driver's car,.. its probably better off that you get no chance to procreate.
Is everyone missing the chick walking in the middle of the street???? Looks like they tried to avoid this drunk chick & wrecked.
"Defendant Sharon Mitchell was walking along the centerline of Sissonville Dr. as a pedestrian and thus created a hazardous condition and posed an unreasonable risk to traffic on Sissonville Dr"
unfortunately,.. people often walk in the street. ive seen plenty of people in the middle of the street late at night,.. both drunk and sober. it's just something that happens, and something, as a driver, you should expect. not once did i put my car into a wall trying to avoid them. fact of the matter is,.. the kid was driving drunk, and his friend chose to ride with him. if it wasn't a woman in the street it could have been any other obstacle.. a dog, maybe a garbage can someone knocked into the street,,or what have you.
Is everyone missing the chick walking in the middle of the street???? Looks like they tried to avoid this drunk chick & wrecked.
"Defendant Sharon Mitchell was walking along the centerline of Sissonville Dr. as a pedestrian and thus created a hazardous condition and posed an unreasonable risk to traffic on Sissonville Dr"
unfortunately,.. people often walk in the street. ive seen plenty of people in the middle of the street late at night,.. both drunk and sober. it's just something that happens, and something, as a driver, you should expect. not once did i put my car into a wall trying to avoid them. fact of the matter is,.. the kid was driving drunk, and his friend chose to ride with him. if it wasn't a woman in the street it could have been any other obstacle.. a dog, maybe a garbage can someone knocked into the street,,or what have you.
Not to mention that the kid was doing 100 in a 40.
Honestly, if you want to blame anyone blame the driver's parents. The kid totaled 2 cars in 6 months prior to the SRT-4. What the hell were they thinking giving such an unresponsible kid like this a performance oriented vehicle.
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Lawsuit filed over fatal car accident [involving an SRT4]
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