LOGAN -- A heavy equipment worker is suing after he was injured in a bulldozer accident.

Gregory Dotson filed a lawsuit May 27 in Logan Circuit Court against Apogee Coal Company L.L.C., Patriot Coal Corp. and Cecil I. Walker Machinery Co., citing deliberant intent, joint venture in operating the mine, failure to provide a reasonably safe workplace, and strict liability negligence.

The lawsuit states Dotson had been ordered to use a Caterpillar D-10-T dozer where the blades had been switched and the machine remained uncalibrated, resulting in the back being heavier than the front. Other employees had reported the dozer wasn’t working properly. Dotson was working the dozer on June 17, 2012 when it turned over and fell into an embankment and landed in a ditch.

Dotson was injured in his neck, upper back, lower back, right shoulder, right knee and right ribs, the complaint states. Dotson has suffered lost wages, lost earning capacity, the ability to perform household services and other economic damages, according to the complaint.

Dotson is seeking damages that exceed the jurisdictional limits of the court, pre and post-judgment interest and court costs with any other relief the court feels proper.

He is represented by Beckley attorney Stephen P. New. The case has been assigned to Circuit Judge Roger L. Perry.

Logan Circuit Court Case No. 14-C-137

 

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