Simple Accident Compensation Claims
West Coast Choppers and DNA Specialty Inc. are being sued by two men who assert that the motorcycle accident in which they were involved was the direct result of negligence on the part of the two companies.
The men claim that the companies were negligent in not warning them of the extreme dangers of motorcycle riding and in failing to provide the customer with appropriate user manuals and adequate vehicle instruction before the test drive began.
In his suit filed February 1 in Kanawha Circuit Court, Donald Mason Jr. claims that faulty design and negligence in manufacture caused the front wheel of his motorcycle to lock up during a test drive on May 12, 2005, throwing him onto a highway and causing bodily harm. His attorney, Charles M. Love IV of Charleston's Masters Law Firm, cites as the basis of his client's case that the companies "negligently, carelessly and wrongfully made, designed, conceived, manufactured, tested and distributed the products for sale." Mason is claiming severe injuries as a result of the accident and future suffering will be included in the pending litigation. Included in his list of future ailments for which he seeks compensation, Mason stated pain and suffering; grief, psychological distress, depression, compensation for his reasonable and expected loss of income; compensation for loss of services, protection, care and assistance; expenses for the care, treatment and hospitalization pertinent to the incident resulting in his injury; and penal compensation.
The second plaintiff in this case, Bryant Krepps, is also seeking monetary compensation for damages to his personal property, allegedly due to a manufacturer's defect in a motorcycle he purchased from Nancy Lovejoy. The motorcycle had been purchased previously by Ms. Lovejoy directly from West Coast Choppers.
In seeking compensation, the legal council representing both the plaintiffs in this matter are requesting a jury trial to hear and decide the outcome of the case and Judge Irene Berger will reside over the proceedings.
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