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WEST VIRGINIA RECORD

Wednesday, April 24, 2024

Logan Co. mine dump truck accident results in lawsuit

Komatsudumptruck

LOGAN – A Logan County couple has filed suit against three companies, claiming negligence in a personal injury case, which allegedly occurred in a Feb. 2013 accident.

Roger Horton and his wife, Susan Horton, brought suit Feb. 6 in the Logan Circuit Court against Komatsu America Corp. of Rolling Meadow, Ill.; Rish Equipment Company of Logan County; and Apogee Coal Company LLC of Scott Depot in Putnam County, alleging negligence.

Roger Horton worked for Apogee from 1987 until 2013. According to court documents, he was injured on Feb. 10, 2013, while operating a dump truck owned by Apogee and manufactured by Komatsu. He maintains that he was subsequently unable to work, as a result.

The suit states that the injury was caused by a malfunction of the truck’s hydraulic system. The plaintiffs maintain that the defendants were negligent by failing to address safety issues that led to the accident, as well as by failing to provide appropriate warning instructions.

Alleging severe and permanent injury, loss of earning capacity, distress and loss of companionship, the Hortons seek compensatory, special and general damages, plus attorney fees and costs.

They are being represented by J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices, Charleston. The case has been assigned to Judge O’Briant.

Logan Circuit Court case number: 15-C-27

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