CHARLESTON - A Raleigh County man is suing American Electric Power after he was injured on the job in 2004.
Robert L. Shiflett Jr., an employee at the Appalachian Power Company's service center in Beckley, was struck in the head by a tree limb as he worked to clear trees from power lines.
He and his wife, Terry, filed the suit in Kanawha Circuit Court, which states "the defendants were subjectively aware of the dangers associated with falling trees and limbs in association with this type of work."
The accident occurred Dec. 23, 2004, during controlled tree and limb clearing near the New River Gorge Bridge.
The suit states AEP, along with American Electric Power Service Corporation and Appalachian Power Company, had duties to provide a safe place to work, which included proper inspection of the line clearing operations, as well as training, safety equipment and supervision.
Shiflett was injured and also "suffered pain and emotional distress, anxiety, loss of enjoyment of life, permanent physical bodily injury and disfigurement, lost wages, lost earnings and lost benefits," the suit states.
Terry Shiflett also was deprived of support.
They are seeking compensatory and punitive damages, pre-judgment and post-judgment interest and costs cost including attorney fees.
The case is scheduled to be heard before a jury in June by Judge Tod Kaufman.
Kanawha Circuit Court case number 06-C-2711