CHARLESTON -- A conductor for CSX Transportation blames his employer and the operators of a Hinton motel for injuries he sustained when he slipped on water in his motel room.
David Bryan Lee filed the lawsuit June 26 in Kanawha Circuit Court.
Lee, who lives in Ironton, Ohio, says he was staying at the Sandman Motel in Hinton on July 25, 2004, when he slipped and fell in water on the floor of his room, causing severe injuries to his neck, back, head, pelvis and right lower extremity.
He lists 3S&W Inc. of Pipestem and Anderson Block Inc. of Hinton as defendants because they own, operate, manage and/or control the motel. He says those companies owed him a duty of care and to keep the premises in reasonably safe condition. He says they breached that duty.
Lee was working as a CSX conductor that day. He was working on a train that ran from Russell, Ky., to Hinton. Therefore, Hinton was an "away" terminal. So CSX provided overnight accommodations at its expense during an enforced idleness within the scope of his employment, Lee says in the lawsuit.
"Lee was implicitly required to stay at the Sandman Motel," he writes. "In supplying accommodations to CSX employees, the Sandman Motel was performing operations activities of CSX."
And, Lee contends, CSX has a non-delegable duty to provide him with a reasonably place safe to work.
Lee, who is represented by attorney Lacy Wright Jr., says the fall caused him to suffer physical pain, discomfort and mental anguish and will do so in the future. He also says he has incurred substantial medical expenses and will do so in the future.
He says he has missed time and lost earnings from his employment and has been unable to perform all of the usual personal affairs of a man his age and position in life and will do so in the future.
Lee seeks compensatory damages to be determined by a jury as well as court costs and other relief.
The case has been assigned to Circuit judge Jim Stucky.
Kanawha Circuit Court case number: 06-C-1225
