CHARLESTON -- A Belle couple is suing Hunter Trucking and Big "E" Transfer after the man was injured on the job.

David O'Neal was employed by Hunter Trucking as a coal truck driver, according to a complaint filed Dec. 15 in Kanawha Circuit Court.

On Dec. 19, 2008, O'Neal claims Big "E" Transfer contracted with Hunter Trucking to supple a 22-wheel tractor trailer coal truck, which was to be operated by himself.

O'Neal claims the truck was hauling approximately 124,000 pounds of coal and while he was operating the truck, the brakes failed, which caused the truck to increase in speed, become out of control, turn over on its right side and crash.

As a result of the crash, O'Neal was severely injured, according to the suit.

O'Neal claims the defendants were aware of the unsafe working condition and failed to correct it.

David O'Neal and his wife, Nicole O'Neal, are seeking compensatory and punitive damages with pre- and post-judgment interest. They are representing themselves.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-2242

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