Postal worker blames Classic Builders for icy parking lot

HUNTINGTON – A Cabell County man is suing Classic Builders, Inc., for injuries he allegedly sustained from falling on an icy parking lot.

Carl Bailey, Classic Fencing, LLC, and John Doe were also named as defendants in the suit.

On Dec. 6, 2010, David B. Davis, an employee of the United States Postal Service, was delivering mail in the 2500 block of Fifth Avenue when he slipped and fell on an ice-covered parking lot and was injured, according to a complaint filed Nov. 29 in Cabell Circuit Court.

Davis claims the defendants owned or controlled the parking lot and failed to monitor the condition of the parking lot.

The defendants failed to correct the unsafe, dangerous and hazardous condition and caused Davis to suffer injuries to his head, neck and shoulders, among other injuries, according to the suit.

Davis claims it was unknown to him that the parking lot was covered by a sheet of ice that was concealed by a dusting of snow.

The defendants’ failure caused Davis to be severely injured; incur substantial medical expenses; endure pain and suffering; sustain an impairment of his capacity to enjoy life; suffer a loss of wages; and suffer aggravation, annoyance and mental anguish, according to the suit.

Davis is seeking compensatory damages. He is being represented by John Kennedy Bailey.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 12-C-791

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  • Mmmkay

    Another happy postal story… guess the worker’s compensation offer wasn’t good enough

    • Dlape

      What people don’t realize is that even though the carrier is covered by the Federal Worker’s Compensation program, the Postal Service requires the employee to sue the property owner to recover the costs that are incurred or the Postal Service will sue the property owner on the employee’s behalf. This is because under the Fedral program, the agency is required to reimburse the Department of Labor for all worker’s compensation costs plus an administration fee. 

      • http://profile.yahoo.com/FHBFTTHIJLSAF2KAOSRW2553KE endrun

        Diape is correct ! The postal employee does not have very much choice in the matter. This goes for slip & falls, dog bites, auto accidents, whatever… the post office wants their money back

      • http://profile.yahoo.com/TX6OIOX6SBTDTOTWS63YZGUYXI Don'tBumpUrLie-Cheater

        They ask u to sue…They DO NOT require u to sue.

        • Dlape

          Obviously you have never been the victim of a dog bite. I have been bitten 3 times in 16 years and in each instance I had to either sue the property owner for the damages or the Postal Service would sue them on my behalf.  In each case the Postal Service sued the customer and I received 20% of the money collected over and above the costs for the medical attentions and the continuation of pay that the Postal Service had to pay.

      • http://lastshredsofsanity.com ShanLastShredsOfSanity

         That’s ridiculous. Our tax dollars at work…

    • grannybunny

      Worker’s Comp just pays the medical bills and replaces part of the lost income.  If the employees want compensation for all of their lost income, pain and suffering, etc., they have to sue the responsible party.

  • AOL856

    EVERYBODY IS A LAWYER NOWADAYS.  THE MAN IS DOING THE RIGHT THING!  SUE THEM FOR EVERYTHING AND GET OUT OF CARRYING MAIL AND ENJOY LIFE. LIFE IS TO SHORT!!!

  • D Roden

    I’m surprised that management hasn’t tried to issue discipline to the carrier for not wearing ice grippers. (Disclaimer: we carriers all know that the cleats would be worthless or even contribute to falling when walking on the area described.) But that is how manglement looks at things like that.
    Hope the carrier feels better soon.

  • http://www.facebook.com/people/Cheryl-Cheney-Fox/1456504012 Cheryl Cheney Fox

    Oh please. So ridiculous. This guy walked on the ice and no one made him! Weather conditions were such he knew it was a possibility. Yet another loser wanting a free ride. What do we expect from employees of the worst run organization in the US.. the USPS.. Disgusting..