CHARLESTON -- A former employee is suing Apex Pipeline Services after a steel pipe fell and injured him in 2008.

On Sept. 30, 2008, Jason J. Smith was working when an unsecured steel pipe fell onto him while he was in the ditch below, where no box protection was used, causing temporary and permanent injuries to his body, according to a complaint filed Nov. 6 in Kanawha Circuit Court.

Smith claims he sustained temporary and permanent injuries to his body; incurred medical bills to treat the injuries; lost income and will lose income in the future; physical pain and suffering; mental anguish and emotional distress; lost enjoyment of life; scarring; and humiliation and embarrassment.

According to the suit, the unsafe and hazardous conditions of the unsecured pipe and non trench safety protection constituted unsafe working conditions, which presented a high degree of risk and a strong probability of serious injury or death.

Smith is suing for compensatory and punitive damages. Marvin W. Masters and Charles M. Love IV are representing him.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 09-C-2087

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