Local man files $1.9M lawsuit from 2012 crash

Posted: August 8, 2014

The Winchester Star

HARRISONBURG — A local man is suing another man and a rental company for $1.9 million in federal court after a vehicle crash from August 2012 in Frederick County.

The lawsuit, Anthony Wade Galloway vs. Sunbelt Rentals Inc. and David Allen Church, was previously filed in Frederick County Circuit Court.

However, it was transferred and filed Wednesday in U.S. District Court in Harrisonburg.

Galloway states in the suit that on Aug. 21, 2012, he was driving a 1986 Honda Spree moped. Church was allegedly driving a 2012 International Rollback truck owned by Sunbelt Rentals, which has a facility in Frederick County. Both were on Martinsburg Pike (U.S. 11).

Allegedly, when making an “abrupt” arching right turn into a Sunoco parking lot, Church caused the Rollback truck to “sweep through the middle through lane of northbound Martinsburg Pike and to enter [the] portion of the right through lane that was occupied at the same time and place by Mr. Galloway.”

The lawsuit states that a surveillance camera in the area shows the crash and that the passenger side/right front portion of the Rollback truck struck Galloway on the left side of his body.

“The passenger side/front right portion of the Rollback truck operated by Mr. Church effectively T-boned Mr. Galloway...,” the lawsuit states.

The collision allegedly caused Galloway to crash to the ground in the second ingress-egress opening of the Sunoco parking lot, adjacent to the right through lane of northbound Martinsburg Pike.

“The collision directly and proximately caused Mr. Galloway to suffer serious, life-threatening, debilitating and permanent injuries, including scarring and disfigurement,” the suit states.

Galloway alleges in the suit that Church’s negligent and careless operation of the Rollback truck is what caused the crash, and that it was the duty of Sunbelt Rentals and its “agents, servants and employees” to operate trucks with due care and regard for the safety of others using the road.

He states that Church failed to ascertain whether the right-hand turn he made could be done safely from a lane other than the right through lane, failed to keep a proper lookout in all directions and failed to follow pavement line markings, among other things.

Since the crash, Galloway has endured significant medical treatment, care and hospitalization relating to his injuries and has accumulated charges for medical care exceeding $459,000, according to the suit.

He also allegedly continues to suffer inconvenience, loss of earning capacity, physical pain and mental anguish.

The suit states that Galloway was in an intensive care unit for 33 days after the crash and suffered multiple contusions, acute blood loss anemia, acute renal failure, rib fractures, a collapsed lung and lacerations to his bicep, arms, throat, chest, stomach, shoulders and knees, among other medical problems.

Galloway is seeking $1,969,000 from Church and Sunbelt Rentals.

Church and Sunbelt Rentals filed an answer to the suit denying that the crash was caused by their actions or that they are liable for any of Galloway’s injuries.

The answer to the lawsuit states that the defendants will rely on a defense of contributory negligence per se, assumption of risk and failure to mitigate damages.

The defendants asked the court to dismiss the case.

— Contact Melissa Boughton at mboughton@winchesterstar.com