WINFIELD — A Putnam County man is suing his employer, an equipment company, alleging the defendant's negligence led to injuries for the plaintiff. 

Gordon E. Rhodes filed a lawsuit Oct. 31 in Putnam Circuit Court against Rudd Equipment Company Inc. alleging violation of West Virginia and federal safety statutes.

According to the complaint, on Nov. 6, 2014, while working at Rudd Equipment, Rhodes was ordered to change an industrial battery on an articulated dump truck at a height of more than 6 feet. The suit says Rhodes fell and sustained injuries requiring surgery and resulting in permanent and total disability from work. 

As a result, the lawsuit states, Rhodes has experienced pain and suffering, scarring and disfigurement, loss of earning capacity and medical expenses. The plaintiff alleges Rudd Equipment discriminated against him by refusing to provide modified duty after he had injured his back in 2012 and assigning him to work beyond his capability and reprimanding him for issues for which he was not guilty.

Rhodes seeks trial by jury, judgment that will fairly compensate for all his damages, pre- and post-judgment interest, attorney fees and court costs. He is represented by attorney Thomas H. Peyton of Peyton Law Firm PLLC in Nitro.

Putnam Circuit Court Case number 16-c-262

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Putnam Circuit Court
12093 Winfield Road
Winfield, WV - 25213

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