The most recent term of the Monongalia County grand jury indicted Micah McClain for criminally leaving the scene of an accident involving death. His indictment is something both sides saw the potential for, attorney Sam Madia said.
According to the indictment, McClain was driving a vehicle involved in a crash that resulted in the death of Stephanie Eddy, on Sept. 15, 2019.
Madia represents the plaintiffs in a civil lawsuit over that same crash, Damone Eddy and Allison Lippert. The suit was filed in February 2020. Eddy was Stephanie’s husband and Lippert was injured in the crash.
That crash took place on Mason-Dixon Highway and according to the lawsuit it was caused when the blade of an illegally loaded D6 Caterpillar Dozer McClain was hauling on a flatbed trailer crossed the center line and struck a dump truck. After being struck by the dozer blade, the truck struck Lippert’s vehicle then landed on top of Eddy’s.
Because McClain’s indictment was always a possibility he has not responded or given any testimony in the cases yet. Madia explained McClain has a right not to incriminate himself and the “tread lightly” approach started as an informal agreement between all parties. There is now a formal order which stays the case against McClain until April 2021, Madia said. If the criminal matter is not resolved by the end of April the issue will be revisited.
If it is resolved, either by guilty plea or by a conviction by a jury, then McClain’s involvement in the case will not need to be re-litigated as part of the civil suit, Madia said. The burden of proof for a civil suit is “more likely than not” whereas a criminal matter is beyond as reasonable doubt.
Other defendants in the case are Strike LLC, Capstone Energy Services LLC, Anderson Excavating LLC, several individuals involved and two insurance companies.
“These cases so oftentimes do not proceed to trial but I can tell you this one may,” Madia said. “You know again there’s a lot of things that I think Strike should have admitted and acknowledged at this point that they’re fighting us tooth and nail on.”
The two sides still very much disagree on what happened.
For example, in its response to the second amended complaint, Strike denies that the blade of the dozer being hauled by its truck crossed the center line and struck the Anderson dump truck’s tire.
“We’re very much fighting over all that,” Madia said.
Another issue that needs to be resolved is the allegation that Strike did not obtain the proper oversize load permit for the cargo, Madia said.
“I think there’s as much of a chance that this case goes to trial as there is that it not,” he said.
