Angela Born Wrongful Death Lawsuit: I-64 Pursuit, Claims, and WV Law

The Angela Born wrongful death lawsuit is a federal civil case filed on April 10, 2026, by her husband John M. Born against the Putnam County Commission, the City of Hurricane, Sheriff’s Deputy C. Ford, and unnamed officers, alleging that a reckless high-speed police pursuit and the deployment of spike strips on a busy stretch of Interstate 64 caused her death on March 5, 2026. The complaint, filed in the U.S. District Court for the Southern District of West Virginia as case 3:26-cv-260, was assigned to Judge Robert C. Chambers.¹

What Happened on I-64

Putnam County Deputy C. Ford spotted a red 2025 Jeep Cherokee Sport that had been reported stolen minutes earlier by the suspect’s grandmother. The driver, 22-year-old Joseph Ryan Elswick, refused to stop near Trace Creek and fled.²

The pursuit stretched across Putnam and Cabell Counties, reportedly reaching speeds above 120 miles per hour. On an eastbound ramp of I-64 near the Hurricane exit, Hurricane Police Department officers laid spike strips to disable the Jeep.³ Elswick swerved to avoid them, lost control, and struck the rear of Angela Born’s car. Her vehicle was forced into the median and caught fire, and she was pronounced dead at the scene.²

Who Is Being Sued and What the Complaint Alleges

John Born sued both individually and as executor of Angela’s estate. The complaint names the Putnam County Commission and the City of Hurricane under the Monell doctrine, which allows municipalities to be held liable for policies or customs that cause constitutional violations. Deputy Ford is named individually for alleged negligence and violation of Angela Born’s Fourteenth Amendment due process rights. Unnamed deputies, officers, and supervisors are also sued, with supervisors accused of bystander liability for failing to intervene or halt the chase.¹

The complaint contains nine counts. At its center is the claim that the pursuit was “unnecessary,” “unreasonable,” and “unjustified” because officers knew Elswick’s identity and could have apprehended him later without a high-speed chase. The complaint alleges that Deputy Ford radioed dispatch about the pursuit but never received supervisory authorization to engage in a high-speed chase, and that he trailed Elswick closely at speeds up to 120 miles per hour without trying alternative enforcement measures.¹ According to the filing, there was no indication Elswick had committed a violent crime or posed an imminent threat.⁴

The complaint also alleges that spike strips were deployed on a heavily trafficked section of I-64 during midday without halting or diverting traffic, which the family’s attorneys called “a catastrophic and entirely foreseeable risk to innocent drivers.”⁴ The estate seeks damages for funeral expenses, loss of income, loss of companionship, emotional distress, and other harms, and has requested a jury trial.²

How the Police and the City Have Responded

Putnam County Sheriff Bobby Eggleton publicly defended the pursuit and the use of spike strips, citing Elswick’s “erratic driving,” the stolen vehicle, and the “possibility” that the suspect was armed. “That’s where this blame lies,” Eggleton said, pointing to Elswick rather than his deputies.⁵ The department issued a separate statement saying it was “saddened” but that the person criminally charged in the death was “ultimately responsible.”³

The City of Hurricane has moved to dismiss or narrow four of the nine counts against it, targeting the allegations of constitutional violations, negligent training, and negligent supervision. The family’s attorneys, Jesse Forbes and L. Dante diTrapano, responded that their claims were “well founded under the law” and intended to deliver justice when departments act “in contravention of clearly established laws and policing protocols.”⁶ No ruling on that motion had been reported as of mid-2026.

The West Virginia Law That Governs These Claims

West Virginia Code § 17C-2-5 lets drivers of authorized emergency vehicles exceed speed limits and disregard certain traffic laws during a pursuit, but it does not relieve officers “from the duty to drive with due regard for the safety of all persons” and does not protect them “from the consequences of his reckless disregard for the safety of others.”⁷ The decisive question in a case like this is whether the officers’ conduct crossed from lawful pursuit into reckless disregard.

The most notable West Virginia precedent is Endicott v. City of Oak Hill (2018), in which the state Supreme Court of Appeals affirmed summary judgment for a police officer involved in a pursuit-related death. The court stressed that reckless-disregard determinations are highly fact-dependent and pointed to mitigating factors in that case: the pursuit lasted under a minute, covered less than a mile, and occurred on a straight road in clear weather with no other traffic. Two justices dissented, arguing the facts should have gone to a jury.² The Born complaint describes very different facts: a chase of roughly 30 minutes across multiple counties, speeds reaching 120 miles per hour, and spike strips laid on a packed interstate during midday.

The wrongful death claims themselves fall under West Virginia Code § 55-7-6, which allows the personal representative of a deceased person to seek damages for “wrongful act, neglect or default,” including sorrow, loss of companionship, lost income, and funeral expenses. The statute of limitations is two years.⁸

Where the Case Stands

The Born family is represented by L. Dante diTrapano along with Charles Bellomy, Amanda Davis, and Timothy Houston of Calwell Luce diTrapano in Charleston, together with Jesse Forbes, Jennifer Taylor, and Michael Heidenrich of Forbes Law Offices. DiTrapano said the family looks forward to “their day in court and helping to shine a light on such dangerous pursuits and needlessly tragic situations.”¹

As of mid-2026, no settlement has been reached or proposed, and Hurricane’s motion to dismiss parts of the suit remains pending before Judge Chambers. The criminal case against Elswick is proceeding on a separate track; he remains jailed on $500,000 cash-only bail at Western Regional Jail, and his hearings have been delayed by a request for a mental competency evaluation, with no trial date set.⁹

1
Legal Newsline. Woman’s Estate Sues Over Fatal Putnam Spike Strip Accident
2
WV Gazette-Mail. Family of Woman Killed in Crash During I-64 Pursuit Sues Putnam County Officials, Police
3
WOWK. Lawsuit Filed After Angela Born Killed in Putnam County High-Speed Chase Crash
4
WCHS. Family of Clendenin Woman Killed During I-64 Police Chase Files Lawsuit in Federal Court
5
WCHS. Sheriff Defends I-64 Stop Sticks, Cites Suspect’s Erratic Driving and Possible Gun
6
WCHS. City of Hurricane Seeks Dismissal of Claims in Lawsuit Over Woman’s Death in I-64 Pursuit
7
West Virginia Legislature. West Virginia Code §17C-2-5
8
West Virginia Legislature. West Virginia Code §55-7-6
9
Herald-Dispatch. Hearing for Man Charged in Fatal Putnam County Crash Postponed