CHARLESTON - A Fayette County man says he was trapped under his coal truck for 35 minutes as a result of a weigh station's negligence.

Robert Bibb's lawsuit, filed Nov. 2 in Kanawha Circuit Court against Kanawha River Terminals, seeks $250,000.

Bibb says employees at the weigh station failed to provide the proper equipment needed to secure his coal truck and then failed to timely assist him when it ran over both of his legs and trapped him underneath.

"Defendants knew or should have known that the plaintiff's coal truck would roll backwards and injure Plaintiff if certain precautions were not in place," the complaint says.

Fayetteville attorney Belinda Morton is representing Bibb, who says he sustained injuries to his legs when the alleged incident took place on Nov. 8, 2004.

The lawsuit also names any John Doe corporations currently unknown as defendants.

Bibb says his truck weighed 39,500 pounds when empty and required safety equipment at the weigh station.

"Defendant's negligent and cavalier action and their refusal to take responsibility to keep the weigh station safe for truck drivers is a breach of their duty to provide a safe environment," the complaint says.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-2326

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