CIVIL FILINGS: Monongalia County

Aug. 21 Erica and Mark Clark vs. Burger King PA-Erika Klie Kolenich; J-NA * In January 2012, Erica and Mark Clark entered the Burger King on Patteson Drive. Erica Clark slipped and fell on a wet floor, injuring her left arm. The Clarks claim Burger King failed to warn customers that the floor was wet and potentially hazardous. The Clarks are seeking punitive damages for injuries to Erica's left forearm, wrist and elbow. Case number: 12-C-554 Aug. 23 Cory Lipscomb vs. Vindex Energy Corporation and Minetemp Services. PA-D. Blake Carter Jr.; J-NA * MineTemp entered into a contractual agreement with Vindex Energy whereby providing contract laborers to perform underground mining work. Lipscomb became employed by MineTemp as a roof bolter working at Vindex Energy's underground coal mine. Lipscomb claims conditions in the roadway were wet and muddy making it which made it difficult to operate equipment. The roof bolting machine Lipscomb was operating had to be pushed into place by a scoop to complete installation of a permanent roof support. At the end of the shift, the roof bolter was to be moved for the oncoming shift. It became stuck again, and management was notified. Vindex's mine management instructed a MineTemp employee, who was a red had apprentice, to operate the scoop and retrieve the roof bolter. A tow chain was hooked to the roof bolting machine, but the cable became pinched. Lipscomb flagged the apprentice to stop the machine and attempted to free the cable. Because the inexperienced operator failed to make sure Lipscomb was clear, he resumed moving the scoop, which crushed Lipscomb between the frame of the roof bolter and the mine rib. He suffered multiple fractures to his pelvis/hip area and rupture and scarring of his bladder. Lipscomb is seeking judgment for pain and suffering, loss of wages and future earning capacity, past and future medical expenses, permanent physical impairment, costs and attorney fees. Case number: 12-C-558

More Stories