CHARLESTON -- A Raleigh County man is suing Cranberry Lumber Company after he was injured while at work.
On May 18, 2009, Charles Wayne Mickles was summoned by his supervisor to cut portions of a tree top which had been placed on a skid road by the dozer operator earlier in the work shift, according to a complaint filed March 10 in Kanawha Circuit Court.
Mickles claims because of the manner in which the tree was situated on the skid road, it presented a serious risk of danger by virtue of its placement on the ground due to the presence of numerous limbs that were under pressure of the weight of the tree.
Although Mickles suggested cutting the tree in a safe and feasible manner, his recommendation was rejected by his supervisor since it would require the skidder operator to make two trips to transport the tree to the log yard, thereby slowing down production, according to the suit.
Mickles claims as he was cutting the lower tree branch, a very large branch that was situated in the air, rolled backward and created a spring hole, which shot directly into him, shattering his right arm.
As a result, Mickles suffered injuries to his right arm and left knee that required surgery. He claims he also sustained physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; medical expenses; loss of capacity to enjoy life; and annoyance and inconvenience.
Mickles is seeking compensatory damages. He is being represented by L. Lee Javins II, D. Blake Carter Jr. and Stephen P. New.
The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 10-C-458