CHARLESTON — A&B Used Cars denies all allegations against it in a lawsuit claiming it was responsible for a work accident.
The defendants argue that the plaintiff's claim is barred by failure to plead sufficient facts in support of the claims adequately and is barred by the doctrine of unclean hands, according to an answer filed on Jan. 9 in Kanawha Circuit Court.
"Plaintiff's Complaint fails to allege, nor can Plaintiff prove, the necessary predicates or conditions in order to establish the threshold requirements for the recovery of punitive damages," the answer states.
Larry D. Lacy filed the lawsuit against A&B Used Cars, Robert Walker, Anissa Walker, Cameron Holsopple and Chase Adkins. Holsopple is doing business as Cams Construction.
Lacy claims on Aug. 25, 2020, the defendants were engaged in the construction, installation and repair of a garage door and/or roof on a commercial building and hired the plaintiff to work on the property, according to a complaint filed in Kanawha Circuit Court.
Anissa Walker, Holsopple, Adkins and the plaintiff were working on the project and Lacy was working on the garage door and roof and was working more than six feet in the air, according to the suit.
Lacy claims Adkins negligently handled a board in such a fashion that he caused the board to strike Lacy and caused him to fall and hit the pavement.
"As a direct result of the fall ... Lacy suffered head, neck shoulders, arms, back and legs injuries and sustained permanent injuries including...fractures to both wrists and his right heel," the complaint states.
Lacy claims he has undergone several surgeries to repair the fracture in his right wrist and he has suffered decreased mobility, pain and nerve damage for the rest of his life.
Lacy is seeking compensatory and punitive damages. He is represented by N. Edward Eagloski of The Eagloski Law Firm in Hurricane.
The defendants are represented by O. Gay Elmore Jr. of Elmore & Elmore in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 22-C-695
