The long-time domestic partner of Pamela Ciuni, who was killed in a vehicle on pedestrian collision at Duda’s Farm stand on Fairmont Road in Westover this summer, filed a lawsuit over her death.
Ciuni, her minor grandson and her partner — Albert Claudio Jr. — were at the farm stand about 4 p.m. Aug. 10. Jerrey Hoyt, who had just purchased produce, was attempting to leave in his 2016 Subaru, according to the suit.
Hoyt lost control of his vehicle, hit the accelerator, drove the vehicle into the produce stand, striking Ciuni, who was standing at the corner buying corn. Claudio and Ciuni’s grandson, were in their vehicle and watched the incident, the suit said. Ciuni died about 5:38 p.m. due to “multiple traumatic injuries” from the crash.
Duda’s, Hoyt and Donna Pixler, the landowner where the produce stand was located, are named as defendants in the suit, which was filed in Monongalia County Circuit Court.
According to the suit, Pixler and Duda’s were negligent and unlawful in their failure to design and install low-speed vehicle barriers to protect customers and should have anticipated such a situation. Hoyt was negligent in the operation of his vehicle.
Ciuni suffered “extreme conscious physical pain and mental suffering” from the time she was hit until her death at the hospital, where she was taken after being treated at the scene, the suit said.
Her grandson and Claudio experienced “serious emotional distress, anxiety, worry and anguish,” after witnessing her get hit and watching her suffer.
The suit seeks a judgment “in such amount as will fully and fairly compensate the estate and the statutory wrongful death beneficiaries for all damages, liquidated and unliquidated, provided under West Virginia law,” interest and the costs of the suit.
Duda’s Farm could not be reached for comment in time for this report. The Dominion Post does not typically contact individuals who are named in lawsuits.
