WEST VIRGINIA RECORD

WINFIELD - A man is suing Waste Management of West Virginia Inc. after he was injured as a result of alleged brake failure in one of its vehicles.

Jimmy Harper, who is doing business as Ace Enterprises Sales and Services, was also named as a defendant in the suit.

On June 30, 2011, Brandon Smith was required and instructed by Waste Management to haul dirt and rocks by driving a dump truck on a haul road, according to a complaint filed April 9 in Putnam Circuit Court.

Smith claims while he was traveling down a hill, the brakes failed, causing him to drive over a steep embankment of approximately 50 feet and he was partially ejected from the truck due to the seat breaking off the pedestal.

Harper had been previously contracted to maintain the vehicle, according to the suit.

Smith claims the defendants had a duty to ensure that the truck was in proper working order and failed to do so.

The defendants breached their duties by failing to properly and adequately service, maintain and/or repair the truck, which caused Smith's injuries, according to the suit.

Smith is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Robert B. Warner and Tammy Bowles Raines of Warner Law Offices PLLC.

The case has been assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 13-C-103